Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) The receipt date for an application for
an initial license or a renewal license is the date the application is received
by the division.
(2) An application
for an initial license is complete when the division has received, reviewed,
and found acceptable the information described in §
510.22(a) and (b)
of Title 40 (relating to Application and Issuance of Initial
License).
(3) An application for a
renewal license is complete when the division has received, reviewed, and found
acceptable the information described in §
510.23(b) of
Title 40 (relating to Application and Issuance of Renewal License).
(b) Time periods. An application
for an initial license or renewal license shall be processed in accordance with
the following time periods.
(1) The first
time period begins on the date the division 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 20 working days.
(2) The second time period begins on the date
the division receives the last item necessary to complete the application and
ends on the date the license is issued. The second time period is 20 working
days.
(c) Reimbursement
of fees.
(1) In the event the application is
not processed in the time periods as stated in subsection (b) of this section,
the applicant has the right to request the division to reimburse in full the
fee paid in that particular application process. If the division 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 which gave good
cause for exceeding the established periods.
(d) Appeal. If the request for full
reimbursement authorized by subsection (c) of this section is denied, the
applicant may then appeal to the commissioner of health (commissioner) for a
resolution of the dispute. The applicant shall give written notice to the
commissioner requesting full reimbursement of all filing fees paid because the
application was not processed within the adopted time period. The division
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
commissioner shall make the final decision and provide written notification of
the decision to the applicant and the division.
(e) Contested case hearings. The procedures
set out in §
1.21
of Title 40 apply to all hearings requested under this chapter.
