Current through Register Vol. XLI, No. 50, December 13, 2024
Section 65-25-4 - Exemption Procedure4.1. Each applicant seeking an exemption pursuant to this rule, must file with the board a letter of intent at least fifteen (15) days before the submission of the application. The letter of intent shall contain sufficient information to advise the board of the nature of the exemption sought and outline the grounds for the exemption.4.2. Upon receipt of the letter of intent, the board shall publish a notice in the Saturday Charleston newspapers and the State Register. The notice shall identify the legal entity seeking an exemption, the type of exemption requested, and a description of the proposal. The notice shall also state the rights of affected parties to a hearing.4.3. In order to obtain the exemption, each applicant must file an application with the board no sooner than the fifteenth (15th) day or later than the thirtieth (30th) day following the filing of the letter of intent. The application shall contain the following: 4.3.1. Information that demonstrates that the applicant meets the exemption criteria required by subsections 3.1, 3.2, 3.3, and 3.4 of this rule.4.3.2. Information regarding the number and type of beds which the applicant seeks to restore; provided that the total number of beds which the hospital proposes to license shall not exceed the number of beds which were staffed and operated by the hospital immediately prior to the hospital's designation as a RPCH.4.3.3. A verification signed by the chairperson of the hospital's board and the hospital's chief executive officer.4.4. Upon receipt of the application, the board shall determine within fifteen (15) days whether or not the application is complete. If the application is not complete, the board may request additional information. Upon receipt of that additional information, the board has fifteen (15) days within which to determine if the application is complete. Upon determining that the application is complete and after the date has passed in which an affected person may request a hearing, the board shall publish a notice in the Saturday Charleston newspapers and the State Register. The notice shall identify the applicants, shall describe the proposal, and shall, if a hearing on the exemption has been requested, state the time, place, and date of the hearing.4.5. If a hearing has not been requested, then following the publication of the notice in the Saturday Charleston newspapers and the State Register, the board shall within ten (10) days issue a written decision on the application which decision is a final decision. The board shall publish notice of the decision in the Saturday Charleston newspapers and the State Register.4.6. If a hearing has been requested by an affected party, the board shall follow the provisions of subsections 5.1, 5.2 and 5.3 of this legislative rule.4.7. In order to be effective, the request for a hearing must be from an affected party and must be filed in writing with the board within ten (10) days of the publication of the notice in the Saturday Charleston newspapers as required by subsection 4.2 of this rule.