Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 100.000 - Determination of Need
Section 100.800 - Expected and Appropriate Conduct by Applicants

Universal Citation: 105 MA Code of Regs 105.100

Current through Register 1531, September 27, 2024

(A) An Applicant shall fully cooperate with the Department and all applicable Government Agencies.

(B) With respect to its own Application for Determination of Need, an Applicant may only seek to convince the Department of the appropriateness of taking favorable action on the Application by utilizing one or more of the following methods:

(1) By submitting material(s) supporting the Application;

(2) By requesting a public hearing(s) pursuant to 105 CMR 100.445;

(3) By filing written reaction to the staff report pursuant to 105 CMR 100.510; or

(4) By making an oral presentation to the Department or Parties of Record.

(C) While an Application for Determination of Need is pending, no Applicant, Party of Record, or employee or agent thereunder, shall initiate any oral, electronic, or written communication with the Commissioner or any other member of the Public Health Council concerning a pending Application, or otherwise engage in behavior that a reasonable Person could perceive to constitute an exertion of undue influence upon the Commissioner or members of the Public Health Council. Violations of this provision by a Ten Taxpayer Group may serve as grounds for the Department to revoke its status. This general requirement is subject to the following limited exception:

Applicants and Parties of Record may be permitted to freely communicate orally or in writing with Department Staff and the Commissioner's delegate pursuant to the requirements under 105 CMR 100.000, or to inquire on the status or progress of a pending Application. All said written inquiries shall be considered written materials consistent with 105 CMR 100.405(A).

(D) Any violation of 105 CMR 100.800 may be determined by the Commissioner as exerting undue influence, and therefore may be grounds for dismissal of an Application for Determination of Need pursuant to 105 CMR 100.615(E).

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