Section 127220 Of Chapter 1. Health Planning From California Health And Safety Code >> Division 107. >> Part 2. >> Chapter 1.
127220
. (a) The office, within 15 days of its receipt of an
application for a certificate of need submitted pursuant to Section
127210, shall make a determination as to whether the application is
complete. If the office determines that the applicant has not
submitted an application that adequately addresses the information
requirements of the application form, it shall provide to the
applicant a written notification of incompleteness specifying the
additional information required to render the application complete.
After receipt of this additional information, the office, within 15
days, shall make a determination as to whether the application is
complete.
(b) If, after review of additional information pursuant to
subdivision (a), the office determines that the application is still
incomplete, it shall provide to the applicant a written notification
of incompleteness, advising the applicant of the additional
information needed and the options available to the applicant to
render the application complete. Following receipt of notification,
the applicant shall exercise one of the following options:
(1) Submit the additional information required by the office.
(2) Request in writing, with or without submitting the additional
information, that the review commence notwithstanding the
determination of incompleteness.
Upon receipt of a written statement requesting that the review
commence, the application shall be deemed complete on the fifth
business day following receipt unless the office determines, and
notifies the applicant in writing, by the fifth business day, that
the lack of information is so material that it would render
meaningful analysis of the application impossible and that the
application is therefore incomplete. This determination shall be
based solely on the failure to provide information specifically
requested by the application form.
If the applicant submits the requested additional information and
does not submit a written statement requesting the office to commence
the review notwithstanding its determination of incompleteness, the
office, within 15 days after receipt of the additional information,
shall make a determination as to whether the application is complete.
Upon the receipt of any additional notifications of
incompleteness, the applicant shall exercise one of the options
enumerated in paragraphs (1) and (2). The office, in its second or
subsequent completeness inquiry, shall not request information beyond
the scope of the preceding request.
(c) If the office does not give the notification of incompleteness
within the 15-day period required for review of completeness, the
application shall be deemed complete on the 15th day following the
receipt of the material submitted and the office shall then proceed
with its review.
(d) The office shall publish notice of the commencement of the
review promptly after the application review process commences
pursuant to subdivision (b) or (c).
(e) A completed application may be amended or withdrawn by the
applicant at any time without prejudice, but any amendment to an
application, except as the office and the applicant may otherwise
agree, shall cause the amended application to be treated as a new
application for purposes of the time limits prescribed by this
chapter and for the determination of the amount of the fee.
(f) A filed application shall be a public document and shall be
available for inspection at the offices of the area health planning
agency and the office. A copy of any filed application shall be
furnished to any person upon request and payment of a reasonable fee,
to be established by the office in an amount sufficient to defray
the costs of reproduction.
(g) Applications filed by any state agency or the Board of Regents
of the University of California shall be exempt from a filing fee.