Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Forms.
An application for approval of a project that meets the
criteria in section
810.5 of this Part for full review
shall be submitted on forms provided by the office, together with such
additional information required to address the standards and criteria for
approval set forth herein including, but not limited to, instructions on
compliance with any required criminal history information review pursuant to
Part 805 of this Title.
(b)
Signatures.
(1) If the applicant
is a corporation, individual, association or agency, the application shall be
signed by the chief executive officer or other duly authorized
officer.
(2) If the applicant is a
partnership, the application shall be signed by a general partner of such
partnership.
(3) If the applicant
is a local governmental unit, the application shall be signed by the director
of community services.
(4) If the
applicant is a municipal government other than the local governmental unit, the
application shall be signed by the head of the department of the municipal
government under which the proposed service is to be operated.
(5) If the applicant is a State or Federal
department or agency, the application shall be signed by the head of such
department or agency.
(c)
Office reviews.
(1) Threshold
review. Upon receipt of any application indicated by the applicant as being
complete, the office will verify that no components of the application are
missing. If any components are missing, the application shall be deemed
incomplete and returned to the applicant. Applicants may resubmit when the
required documentation is provided.
(2) Completeness review.
(i) The Office shall review the content of
each application which has passed the threshold review pursuant to paragraph
(1) of this subdivision for completeness and if necessary, notify the applicant
within a reasonable time (defined as fourteen (14) days from date of receipt
for purposes of this Section) from the Office's receipt of such application, of
any lack or insufficiency of information and the need to submit such additional
information within a reasonable time (defined as no later than thirty (30) days
from date of receipt for purposes of this Section) from the date of such
notification.
(ii) If the applicant
does not provide the additional information within a reasonable time from the
date of notification, or within any additional time as may have been approved
by the office, the application shall be deemed abandoned and withdrawn and no
further action shall be taken thereon.
(iii) The office shall provide notice of
status to any applicant requiring criminal history information reviews pursuant
to Part 805 of this Title; no application shall be considered complete until
such history review, if required, has been concluded.
(iv) The office may at its discretion, based
upon review of required criminal history information, decline to consider an
application any further.
(d)
Local governmental unit
review.
If the office determines that the application is eligible for
full review:
(1) The Office shall
provide copies of the completed application and accompanying documents to each
local governmental unit in the area of the proposed project. However, when an
application is submitted by a local governmental unit, the application shall
not require local governmental unit review.
(2) The local governmental unit shall have a
reasonable time to review the application, commencing with its receipt of the
application, and submit its recommendations to the office.
(e)
Behavioral Health Services Advisory
Council.
Upon completion of the office's review, a summary of the
application with the recommendation of each responding reviewer shall be
submitted to the Behavioral Health Services Advisory Council (Advisory Council)
for review and recommendation to the Commissioner.
(1) The Commissioner shall make a decision on
the application within a reasonable time (defined as no later than fifteen (15)
days from date of receipt, purposes of this Section) after their receipt of the
recommendations of the Advisory Council.
(2) If the Commissioner proposes to act on
the application in a manner contrary to the recommendation of the Advisory
Council, the Commissioner shall first appear before the Advisory Council and
explain the reasons for the action, unless the Advisory Council waives such
appearance.
(f) When a
decision on the application is reached, the Commissioner shall notify the
applicant and advise of any additional procedures to be followed for obtaining
an operating certificate as applicable. If the applicant does not follow the
additional procedures as requested within a reasonable period of time (defined
as 180 days from date of receipt for purposes of this Section), the application
shall be deemed abandoned and withdrawn, and no further action shall be taken
thereon.
(g) An initial operating
certificate authorizing the provision of new services shall be issued for a
period of no longer than one year and may be subsequently renewed in accordance
with the term of renewal established by section
810.14 of this Part.
(h) No applicant approved in accordance with
this section shall provide the approved services until the effective date
indicated on the operating certificate issued by the Commissioner.
(i)
Administrative appeals.
If the commissioner proposes to deny or limit the approval of
an application, the commissioner shall notify the applicant and the local
governmental unit and provide the reasons for the decision and shall afford the
applicant an opportunity for an administrative appeal in accordance with Part
831 of this Title.
