subchapter 14I – certificate of public advantage
SECTION .0100 ‑ CERTIFICATE OF PUBLIC ADVANTAGE PROGRAM
10A NCAC 14I .0101 CERTIFICATE OF PUBLIC ADVANTAGE
The Division of Health Service Regulation is responsible for
carrying out the responsibilities of the Department in administering G.S. 131E
Article 9A entitled the Certificate of Public Advantage.
History Note: Authority G.S. 131E‑192.11;
Temporary Adoption Eff. October 25, 1993 for a Period of 180 days or until the Permanent Rule becomes effective, whichever is sooner;
Eff. March 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
10A NCAC 14I .0102 APPLICATION
FILING FEE
(a) Applicants for a Certificate of Public Advantage shall
submit with their application a fee of three thousand seven hundred and fifty
dollars ($3,750) for each provider that is participating in the application,
provided that the total fee shall not exceed fifteen thousand dollars
($15,000). No application shall be considered by the Department until this fee
is paid.
(b) If during the course of the review, either the
Department or the Attorney General determines that the application is of such a
complex nature that expertise from outside the Department needs to be engaged
in order to arrive at a decision, the applicants shall be required to provide
the necessary funds for the Department or the Attorney General or both to
contract with appropriate consultants to investigate the impact of the proposed
action. Any such additional payment is limited to the difference between the
amount of the fee submitted with the application and fifteen thousand dollars
($15,000).
(c) Failure by the applicants to pay an additional fee as
determined by Paragraph (b) of this Rule shall result in the denial of the
application.
History Note: Authority G.S. 131E‑192.11;
Temporary Adoption Eff. October 25, 1993 for a Period of
180 days or until the Permanent Rule becomes effective, whichever is sooner;
Eff. March 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
10A NCAC 14I .0103 FILING FEE ‑ PERIODIC REPORTS
(a) Required biennial reports from holders of Certificates
of Public Advantage shall be submitted to the Department on or before the
anniversary date of the Certificate and shall be accompanied by a filing fee of
five hundred dollars ($500) to offset the cost of reviewing and maintaining the
report.
(b) The Department may assess an additional fee not to
exceed two thousand dollars ($2,000), such fee to reflect costs of
investigating and assessing the continued advantage of having the Certificate
in place and the holder's compliance with conditions imposed by the
Certificate. Costs to be included in calculating the additional fee include,
but are not limited to, the time of employees of the Department and the
Attorney General in reviewing the report, costs of any consultant contracts or
reports or data purchased for the purpose of conducting the review, and costs
of telephone calls, mailings, clerical support and other office expenditures
made in support of the review process.
(c) Failure by the holder to pay the assessed filing fees
shall result in the loss of the Certificate of Public Advantage.
History Note: Authority G.S. 131E‑192.11;
Temporary Adoption Eff. October 25, 1993 for a Period of
180 days or until the Permanent Rule becomes effective, whichever is sooner;
Eff. March 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
10A NCAC 14I .0104 PUBLIC HEARING
Within 45 days of the receipt of an application for a
Certificate of Public Advantage the Department shall hold a public hearing
which will afford the right to any citizen to express his or her views
regarding the application. There shall be notice of the hearing published in
at least one newspaper of general circulation serving the geographic area
affected not less than 10 days prior to the hearing.
History Note: Authority G.S. 131E‑192.11;
Temporary Adoption Eff. October 25, 1993 for a Period of
180 days or until the Permanent Rule becomes effective, whichever is sooner;
Eff. March 1, 1994;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
