Section .0100 ‑ Certificate Of Public Advantage Program

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 14 - director, division of health service regulation/subchapter i/subchapter i rules.html
Published: 2015

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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.