Decision on Approval or Denial of Application
(1)Within 90 days of a written declaration by the division of a complete application not eligible for abbreviated review, unless time is extended pursuant to subsection (c) of this section or OAR 333-560-0030 (Delayed or Simultaneous Review), the division shall:
(a)Make written findings and a decision; and
(b)Serve by registered or certified mail on the following, the findings, decision and notice of opportunity for reconsideration:
(A)The applicant; and
(B)Persons who have requested and been granted designation as affected parties.
(c)The 90-day time frame for review may be extended by the division with the written agreement of the applicant. In the case of applications subject to simultaneous review under OAR 333-560-0030 (Delayed or Simultaneous Review), extension of the time frame for review will require the written agreement of all applicants involved in simultaneous review, and the same extension must be applied to all such applications. If an applicant submits additional information within two weeks of the date that the proposed or final decision is due, the division may extend the time frame for review on its own initiative, in order to allow sufficient time to review the material submitted.
(2)The chairperson of the council shall be sent a copy of the findings and decision by regular (not registered or certified) mail.
(3)The division may approve or deny the application in whole or in part:
(a)The division may place conditions on an application which is being approved that apply to the implementation of the project. Any condition must be directly related to the project under review and to review criteria and standards which have been adopted into rule;
(b)A binding arrangement allowing purchase of the site, should the application be approved, or acquisition itself, is required to have occurred before an application may be approved.
(4)The decision reached according to section (1) of this rule shall be the “proposed decision” referred to in ORS 442.315 (Certificate of need)(5)(a) and shall become the final decision of the division unless, within ten days after service of the “proposed decision,” the request for informal hearing is received by the division.
(5)Upon request of the applicant or any affected person who is dissatisfied with the proposed decision, the division shall grant an informal hearing prior to a final decision. A request for an informal hearing must be received by the division within ten days after service of the proposed decision. The division will give notice of the date, time and place of the informal hearing and will hold the hearing not later than 15 days following receipt of the request.
(6)The informal hearing is for the purpose of providing an opportunity to the applicant or any affected person requesting the hearing to discuss the proposed decision with the division. The hearing may include the provision of new information, or other actions that may result in the division amending its proposed decision. The application may be modified at the informal hearing only if the provisions of OAR 333-570-0050 (Modification to Application)(2) are met.
(7)The informal hearing will be conducted in the following manner:
(a)The informal hearing will be conducted by the administrator, or the administrator’s designee;
(b)No minutes or transcript of the informal hearing will be made;
(c)The party requesting the informal hearing does not have to be represented by counsel and will be given ample opportunity to present information;
(d)Other affected parties will be allowed to testify at the informal hearing following the requestor’s testimony;
(e)Only staff of the Public Health Division will be allowed to question people testifying at the informal hearing, unless permission is given by the hearing officer for others to question those testifying;
(f)The administrator, or the administrator’s designee, may set time limits for testimony in order to assure a timely and equitable presentation of information;
(g)The party requesting the informal hearing may be requested by the administrator, or the administrator’s designee, to submit, in writing, new information that has been presented orally;
(h)The administrator, or the administrator’s designee, may allow information to be submitted after the adjournment of the informal hearing. In such an instance, a specific date for receiving such information will be established and will serve as the date when the informal hearing will be considered closed.
(8)The division will render a final decision within ten days of the closing of the informal hearing.
(9)When a request for informal hearing has been made in a timely manner but is later withdrawn, the order on the affected application shall become final either on the date the request is withdrawn or ten days from the date of service of the proposed order, whichever comes later.
(10)The final decision of the division shall be subject to a reconsideration hearing according to provisions of division 670 of this chapter, if a petition for hearing is received within 60 days after service of the final decision.
(11)A certificate of need granted to a health care facility is the property of the licensed provider, not of the owner of a physical plant, if these are different.
Rule 333-570-0070 — Decision on Approval or Denial of Application,