Florida Regulations 59C-1.0105: Certificate of Need Post Application Review Procedures
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(1) Batched Reviews. The following procedure will be utilized in issuance of letters of intent to grant or deny a Certificate of Need in a batched review:
(a) Upon signature of the State Agency Action Report by the Agency Director or designee, a letter of intent to grant or deny will be sent to the applicant.
(b) A notice of the Agency’s Intent to Issue or Deny will be published in the Florida Administrative Register. This notice will report initial Agency action and include: the Certificate of Need number, type of project, District and, if applicable, subdistrict location.
(c) If the initial Agency action is to issue a Certificate of Need and there is no valid request for an Administrative Hearing or timely appeal, a Certificate of Need will be prepared no later than 35 days following the publication in paragraph (1)(b) above. The issuance date of the Certificate of Need will be the 22nd day following the publication in paragraph (1)(b) above.
(d) If the initial Agency action is appealed, the issuance or denial of the Certificate of Need is dependent upon the method of resolution.
(e) If the initial Agency action is to deny a Certificate of Need and no valid request for an Administrative Hearing has been filed, a letter advising the applicant that the initial decision has become the final decision by the operation of law will be prepared no later than 35 days following publication in paragraph (1)(b) above. The effective date of the denial will be the 22nd day following the publication in paragraph (1)(b) above.
(f) If the initial Agency action is to approve an identifiable portion of an application, then this action also contains an initial Agency action to deny the full application. If there is no valid request for an Administrative Hearing, a Certificate of Need will be issued for the identifiable portion, a letter recognizing the operation of law will be prepared no later than 35 days following publication in paragraph (1)(b) above. The effective date of the denial will be the 22nd day following the publication in paragraph (1)(b) above.
(2) Expedited Reviews. The following procedure will be followed regarding letters of transmittal and issuance of a Certificate of Need:
(a) Upon the signing of the State Agency Action Report by the Agency Director or designee, a Certificate of Need or denial letter will be sent to the applicant.
(b) If the decision is to approve the application, then the Certificate of Need will be signed at the same time as the State Agency Action Report. The issuance date of the Certificate of Need will be the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(c) If the decision is to deny an application, then the transmittal letter denying the project will be signed at the same time as the State Agency Action Report. The denial date will be the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(d) If the decision is to approve an identifiable portion of the application and deny the remaining portion, then a transmittal letter will be prepared and a Certificate of Need will be issued for the approved identifiable portion. The transmittal letter and the Certificate of Need will reflect the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(e) Expedited review decisions will be published in the Florida Administrative Register.
(3) Stipulated Agreements. The following procedures will be followed in issuing a Certificate of Need issued as a result of a stipulated agreement:
(a) A Certificate of Need issued pursuant to a stipulated agreement will be prepared and sent to the affected applicant within seven (7) working days of the rendering of a final order.
(b) The issuance date of a Certificate of Need issued pursuant to a stipulated agreement will be the date the final order was rendered.
(4) Final Orders. The following procedures will be used in issuing a Certificate of Need pursuant to a final order:
(a) A Certificate of Need will be prepared and sent, by the Agency, to the affected applicant within seven (7) working days of the rendering of the final order.
(b) The issuance date of a Certificate of Need issued will be the date the order was rendered.
(5) Appeals. The following procedures will be used in issuing a Certificate of Need approved as a result of an appeal to the First District Court of Appeal or the Supreme Court.
(a) Certificate of Need issued pursuant to an appeal will be prepared and sent to the affected applicant within seven (7) working days of receipt of the court’s mandate by the Agency.
(b) The issuance date of a Certificate of Need will be the date the court’s mandate was received by the Agency.
Rulemaking Authority Florida Statutes § 408.034(8), 408.15(8) FS. Law Implemented 408.035, 408.036(2), 408.039(3), (4), (5) FS. History-New 1-31-91, Formerly 10-5.0105.
Terms Used In Florida Regulations 59C-1.0105
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dependent: A person dependent for support upon another.
(b) A notice of the Agency’s Intent to Issue or Deny will be published in the Florida Administrative Register. This notice will report initial Agency action and include: the Certificate of Need number, type of project, District and, if applicable, subdistrict location.
(c) If the initial Agency action is to issue a Certificate of Need and there is no valid request for an Administrative Hearing or timely appeal, a Certificate of Need will be prepared no later than 35 days following the publication in paragraph (1)(b) above. The issuance date of the Certificate of Need will be the 22nd day following the publication in paragraph (1)(b) above.
(d) If the initial Agency action is appealed, the issuance or denial of the Certificate of Need is dependent upon the method of resolution.
(e) If the initial Agency action is to deny a Certificate of Need and no valid request for an Administrative Hearing has been filed, a letter advising the applicant that the initial decision has become the final decision by the operation of law will be prepared no later than 35 days following publication in paragraph (1)(b) above. The effective date of the denial will be the 22nd day following the publication in paragraph (1)(b) above.
(f) If the initial Agency action is to approve an identifiable portion of an application, then this action also contains an initial Agency action to deny the full application. If there is no valid request for an Administrative Hearing, a Certificate of Need will be issued for the identifiable portion, a letter recognizing the operation of law will be prepared no later than 35 days following publication in paragraph (1)(b) above. The effective date of the denial will be the 22nd day following the publication in paragraph (1)(b) above.
(2) Expedited Reviews. The following procedure will be followed regarding letters of transmittal and issuance of a Certificate of Need:
(a) Upon the signing of the State Agency Action Report by the Agency Director or designee, a Certificate of Need or denial letter will be sent to the applicant.
(b) If the decision is to approve the application, then the Certificate of Need will be signed at the same time as the State Agency Action Report. The issuance date of the Certificate of Need will be the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(c) If the decision is to deny an application, then the transmittal letter denying the project will be signed at the same time as the State Agency Action Report. The denial date will be the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(d) If the decision is to approve an identifiable portion of the application and deny the remaining portion, then a transmittal letter will be prepared and a Certificate of Need will be issued for the approved identifiable portion. The transmittal letter and the Certificate of Need will reflect the same date as the signing of the State Agency Action Report by the Agency Director or the designee.
(e) Expedited review decisions will be published in the Florida Administrative Register.
(3) Stipulated Agreements. The following procedures will be followed in issuing a Certificate of Need issued as a result of a stipulated agreement:
(a) A Certificate of Need issued pursuant to a stipulated agreement will be prepared and sent to the affected applicant within seven (7) working days of the rendering of a final order.
(b) The issuance date of a Certificate of Need issued pursuant to a stipulated agreement will be the date the final order was rendered.
(4) Final Orders. The following procedures will be used in issuing a Certificate of Need pursuant to a final order:
(a) A Certificate of Need will be prepared and sent, by the Agency, to the affected applicant within seven (7) working days of the rendering of the final order.
(b) The issuance date of a Certificate of Need issued will be the date the order was rendered.
(5) Appeals. The following procedures will be used in issuing a Certificate of Need approved as a result of an appeal to the First District Court of Appeal or the Supreme Court.
(a) Certificate of Need issued pursuant to an appeal will be prepared and sent to the affected applicant within seven (7) working days of receipt of the court’s mandate by the Agency.
(b) The issuance date of a Certificate of Need will be the date the court’s mandate was received by the Agency.
Rulemaking Authority Florida Statutes § 408.034(8), 408.15(8) FS. Law Implemented 408.035, 408.036(2), 408.039(3), (4), (5) FS. History-New 1-31-91, Formerly 10-5.0105.