State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-185

§ 131E‑185.  Review process.

(a)        Repealed by Session Laws 1987, c. 511, s. 1.

(a1)      Except as provided in subsection (c) of this section, thereshall be a time limit of 90 days for review of the applications, beginning onthe day established by rule as the day on which applications for the particularservice in the service area shall begin review.

(1)        Any person may file written comments and exhibits concerninga proposal under review with the Department, not later than 30 days after thedate on which the application begins review. These written comments mayinclude:

a.         Facts relating to the service area proposed in theapplication;

b.         Facts relating to the representations made by the applicantin its application, and its ability to perform or fulfill the representationsmade;

c.         Discussion and argument regarding whether, in light of thematerial contained in the application and other relevant factual material, theapplication complies with relevant review criteria, plans, and standards.

(2)        No more than 20 days from the conclusion of the writtencomment period, the Department shall ensure that a public hearing is conductedat a place within the appropriate service area if one or more of the followingcircumstances apply; the review to be conducted is competitive; the proponentproposes to spend five million dollars ($5,000,000) or more; a written requestfor a public hearing is received before the end of the written comment periodfrom an affected party as defined in G.S. 131E‑188(c); or the agencydetermines that a hearing is in the public interest. At such public hearingoral arguments may be made regarding the application or applications underreview; and this public hearing shall include the following:

a.         An opportunity for the proponent of each application underreview to respond to the written comments submitted to the Department about itsapplication;

b.         An opportunity for any person, except one of the proponents,to comment on the applications under review;

c.         An opportunity for a representative of the Department, orsuch other person or persons who are designated by the Department to conductthe hearing, to question each proponent of applications under review withregard to the contents of the application;

            The Department shall maintain a recordingof any required public hearing on an application until such time as theDepartment's final decision is issued, or until a final agency decision isissued pursuant to a contested case hearing, whichever is later; and any personmay submit a written synopsis or verbatim statement that contains the oralpresentation made at the hearing.

(3)        The Department may contract or make arrangements with aperson or persons located within each service area for the conduct of suchpublic hearings as may be necessary. The Department shall publish, in eachservice area, notice of the contracts that it executes for the conduct of thosehearings.

(4)        Within 15 days from the beginning of the review of anapplication or applications proposing the same service within the same service area,the Department shall publish notice of the deadline for receipt of writtencomments, of the time and place scheduled for the public hearing regarding theapplication or applications under review, and of the name and address of theperson or agency that will preside.

(5)        The Department shall maintain all written comments submittedto it during the written comment stage and any written submissions received atthe public hearing as part of the Department's file respecting each applicationor group of applications under review by it. The application, written comments,and public hearing comments, together with all documents that the Departmentused in arriving at its decision, from whatever source, and any documents thatreflect or set out the Department's final analysis of the application orapplications under review, shall constitute the Department's record for theapplication or applications under review.

(a2)      When an expedited review has been approved by the Department,no public hearing shall be held. The Department may contact the applicant andrequest additional or clarifying information, amendments to, or substitutionsfor portions of the application. The Department may negotiate conditions to beimposed on the certificate of need with the applicant.

(b)        Repealed by Session Laws 1991 (Reg. Sess., 1992), c. 900, s.137(a).

(c)        The Department may extend the review period for a period notto exceed 60 days and provide notice of such extension to all applicants. Forexpedited reviews, the Department may extend the review period only if it hasrequested additional substantive information from the applicant. (1977, 2nd Sess., c. 1182, s. 2; 1981, c. 651, ss. 9, 10; 1983, c. 775,s. 1; 1987, c. 511, s. 1; 1991, c. 692, s. 7; 1991 (Reg. Sess., 1992), c. 900,s. 137(a), (b); 1993, c. 7, s. 8; 2005‑325, s. 4.)