10A NCAC 14C .0203      FILING APPLICATIONS

(a)  "Application form" refers to one of the following:

(1)           the Certificate of Need Application form; or

(2)           the Dialysis or End Stage Renal Disease Services Application form.

(b)  An application form may be obtained from the CON Section by:

(1)           sending an email to DHSR.CON.Applications@dhhs.nc.gov; or

(2)           calling (919) 855-3873.

(c)  An email request for an application form shall:

(1)           describe the proposal;

(2)           identify the city or county where the proposal would be located; and

(3)           include the estimated capital cost for the proposal.

(d)  For each proposal, the CON Section shall determine based on Chapter 3 of the annual State Medical Facilities Plan in effect at the time the review begins the:

(1)           review category; and

(2)           review period.

(e)  An application is complete for inclusion in the review period if the CON Section determines that all of the following are true:

(1)           the original application is printed, placed between a front and back cover, and bound using metal paper fasteners;

(2)           the original and one copy of the application were received by the CON Section on or before the application deadline for the review period;

(3)           the entire application fee required by G.S. 131E-182(c) was received by the CON Section; and

(4)           each applicant identified in Section A of the application form signed the certification page that asks the applicant to certify that the information in the application is correct and they intend to develop and offer the project as described in the application.

(f)  The copy of the application shall be printed and bound consistent with Subparagraph (e)(1) of this Rule or in an electronic format saved on a USB flash drive. The files on the USB flash drive shall not be encrypted or password protected.

(g)  No later than the fifth business day following the application deadline, the CON Section shall notify the contact individual identified in Section A of the application if the application is complete.

(h)  If the application is not complete pursuant to Paragraph (e) of this Rule, the CON Section shall notify the contact individual identified in Section A of the application of what is missing or incorrect. The applicant shall only provide the items listed below in order to complete the application after the application deadline:

(1)           a signed certification page; or

(2)           the copy of the application.

(i)  Signed certification pages or the copy of the application shall be received by the CON Section no later than 5:00 p.m. on the last business day of the month preceding the first day of the review period.

(j)  The CON Section shall not include the application in the review period if it is not complete pursuant to Paragraph (e) of this Rule by 5:00 p.m. on the last business day of the month preceding the first day of the review period.

History Note:        Authority G.S. 131E‑177; 131E‑182;

Eff. October 1, 1981;

Amended Eff. January 1, 1982;

Temporary Amendment Eff. July 15, 1983, for a Period of 118 Days, to Expire on November 10, 1983;

Amended Eff. November 1, 1990: January 1, 1990; December 1, 1989; January 1, 1987; October 1, 1984; November 10, 1983;

Temporary Amendment Eff. August 11, 1993, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. January 4, 1994;

Temporary Amendment Eff. August 12, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. December 1, 1994;

Temporary Amendment Eff. January 1, 2000;

Amended Eff. April 1, 2001;

Temporary Amendment Eff. February 16, 2004;

Amended Eff. August 1, 2004;

Temporary Amendment Eff. February 1, 2006;

Amended Eff. November 1, 2006;

Temporary Amendment Eff. January 1, 2008;

Amended Eff. July 1, 2008;

Readopted Eff. January 1, 2021.