Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) The date a license application is
received is the date the application reaches Health Facility Licensing
(commission) .
(2) An application
for an initial license is complete when the commission has received, reviewed,
and found acceptable the information described in §
139.23(c)(2)(C)
of this title (relating to Application Procedures and Issuance of
Licenses).
(3) An application for a
renewal license is complete when the commission has received, reviewed, and
found acceptable the information described in §
139.23(d)(2)
of this title.
(4) An application
for a change of ownership or change of physical location license is complete
when the requirements of §
139.24
of this title (relating to Change of Ownership or Services, Change of Physical
Location, and Closure of a Licensed Abortion Facility) have been met.
(b) Time periods. An application
from an abortion facility for an initial license, renewal license, change of
physical location license, or change of ownership license shall be processed in
accordance with the following time periods.
(1) The first time period begins on the date
the commission receives the application, and ends on the date the license is
issued, or if the application is received incomplete, the period ends on the
date the facility is issued a written notice that the application is
incomplete. The written notice shall describe the specific information that is
required before the application is considered complete. The first time period
is 45 days for initial, renewal, change of physical location, and change of
ownership applications.
(2) The
second time period begins on the date the last item necessary to complete the
application is received and ends on the date the license is issued. The second
time period is 45 days for initial, renewal and change of ownership
applications.
(c)
Reimbursement of fees.
(1) In the event the
application is not processed in the time periods stated in subsection (b) of
this section, the applicant has the right to request that the commission
reimburse in full the fee paid in that particular application process. If the
commission does not agree that the established periods have been violated or
finds that good cause existed for exceeding the established periods, the
request shall be denied.
(2) Good
cause for exceeding the period established is considered to exist if:
(A) the number of applications for licenses
to be processed exceeds by 15% or more the number processed in the same
calendar quarter the preceding year;
(B) another public or private entity utilized
in the application process caused the delay; or
(C) other conditions existed giving good
cause for exceeding the established periods.
(d) Appeal. If the request for reimbursement
as authorized by subsection (c) of this section is denied, the applicant may
then appeal to the executive commissioner for a resolution of the dispute. The
applicant shall give written notice to the executive commissioner requesting
reimbursement of the fee paid because the application was not processed within
the established time period. The commission shall submit a written report of
the facts related to the processing of the application and good cause for
exceeding the established time periods. The executive commissioner shall make
the final decision and provide written notification of the decision to the
applicant and the commission.
