Iowa Administrative Code
Agency 641 - Public Health Department
Chapter 202 - Certificate of Need Program
Rule 641-202.11 - Finality
Universal Citation: IA Admin Code 641-202.11
Current through Register Vol. 47, No. 6, September 18, 2024
The certificate of need application process is continuous beginning with submission of a letter of intent or request for waiver of a letter of intent through issuance of a final decision by the council subject to judicial review under Iowa Code chapter 17A.
(1) The following stages of the process are intermediate and subject to judicial review only to the extent they meet criteria for intermediate review under Iowa Code section 17A.19:
a. A decision by the department pursuant to
641-202.3 (10A) that a proposed
project does not require a certificate of need;
b. A decision by the department to waive
submission of the letter of intent and substitute summary review; and
c. The rejection of an application by the
department that fails to provide all information required under Iowa Code
section 10A.713(1).
(2) The following stages of the process are final decisions subject to judicial review as final agency action under Iowa Code section 17A.19:
a. A decision by the department to disallow
summary review;
b. A decision by
the council that a proposed project does not require a certificate of
need;
c. A decision by the council
to approve or deny an application;
d. The council's final ruling on an
application for rehearing; and
e. A
decision by the council to revoke a certificate of need pursuant to
641-202.13 (10A).
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