Or. Admin. Code § 333-580-0000

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-580-0000 - General Instructions

All applications must be completed in accordance with the instructions contained in this division. Only those parts which are pertinent and appropriate to the proposed project need be completed, but when a particular criterion or section is not applicable, the applicant must briefly explain why it does not apply. All documents submitted to the Public Health Division are public information. Assistance, or additional copies of the certificate of need rules, can be obtained upon request by contacting: Certificate of Need Review Coordinator, Public Health Division, 800 N.E. Oregon, #21, Portland, OR 97232. Phone: (971) 673-1108. Review of all applications not subject to abbreviated review under OAR 333-560-0010 will be governed by the following considerations:

(1) The review process is governed by divisions 545 through 670 of OAR chapter 333.

(2) An application must have been preceded by a letter of intent on which the division has ruled; and the waiting period defined in OAR 333-555-0010 must have been completed.

(3) A single application should be filed for a project involving two or more project types when most aspects of the overall project are interdependent for purposes of making a decision.

(4) All application contents must be typed or legibly printed.

(5) To assist in achieving the equitable and objective review and determination, all replies required by this division should be as complete as possible. Incomplete applications will delay the review process.

(6) Any schedules or continuation sheets called for must be attached to the applicable section.

(7) External documents (e.g., an applicant's long-range plan, or consultant's study report, etc.) may be incorporated by reference as part of the application to avoid duplication of effort by the applicant. When this option is taken, the application must show the chapter, page or section reference number of the external document where the respective responses are contained, and the document referenced must be provided to the division.

(8) Burden of proof for justifying need and viability of a proposal rests with the applicant.

(9) Each certificate of need application must be accompanied by an application fee made payable to the Public Health Division, in the amount as shown in the Fee Schedule, OAR 333-565-0000(4).

(10) The division must make a determination of completeness of all pertinent sections of the application with 15 days of receiving it, as provided in OAR 333-570-0020. The division will notify the applicant in writing of the determination of any additional information needed, or of completeness.

(11) Any amendments to the application must be in writing, and will be considered in reference to OAR 333-570-0050. Amendments may cause the application to be treated as a new application if submitted more than 45 days following the division's written determination that the application is complete, unless the division agrees to accept the amendment.

(12) Applications may be withdrawn at any time without prejudice (OAR 333-570-0050(1)). Applicants shall notify the division in writing of any withdrawal. Application fee refunds may only be made if withdrawal is made in writing prior to the division's determination of completeness (OAR 333-565-0000(3) and (5)), or if the actual costs of a completed project are over ten percent less than the approved costs (OAR 333-565-0000(6)(b)).

(13) Applicants must complete all appropriate sections of the application, and submit to the division the required number of copies of application forms (printed on white paper), and all attachments describing the project, or responding to the review criteria.

(14) Upon request by the applicant, the division may waive the requirement for the completion of some parts of the application. This will provide an opportunity for the applicant and the division to eliminate unnecessary collection and submission of information.

(15) Applicants for a certificate of need shall provide four copies of the entire application to: Certificate of Need Review Coordinator, Public Health Division, 800 N.E. Oregon, #21, Portland, OR 97232. Four copies shall also be submitted to the division of any amendments to the application or supplementary materials.

(16) Preapplication conferences are encouraged; and these application instructions are designed to make application for a certificate of need relatively simple. However, Public Health Division staff are available to further assist the applicant in this process.

Or. Admin. Code § 333-580-0000

HD 13-1994, f. & cert. ef. 4-22-94

Stat. Auth.: ORS 431.120(6) & 442.315

Stats. Implemented: ORS 431.120(6) & 442.315