| (a) Definition. For purposes of this section, license means a license, permit, registration, or certificate issued by the Department of State Health Services (department) for a birthing center. (b) General. Time periods for processing and issuing a license. (1) The date a license application is received is the date the application reaches the Facility Licensing Group of the Department of State Health Services (department). (2) An application for an initial license is complete when the department has received, reviewed, and found acceptable the information described in §137.11(a)(3) of this title (relating to Application Procedures and Issuance of Licenses). (3) An application for a renewal license is complete when the department has received, reviewed, and found acceptable the information described in §137.11(f)(2) of this title. (4) An application for a change of ownership license is complete when the department has received, reviewed, and found acceptable the information described in §137.12 of this title (relating to Change of Ownership or Services and Closure). (c) Time periods. An application from a center for an initial license, renewal 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 department 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 center 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 calendar days. (2) The second time period is 45 calendar days, which begins on the date the last item (information or fee) necessary to complete the application is received by the department and ends on the date the license is issued, or the facility is issued a written notice that the application is being proposed for denial. (3) If the applicant fails to submit the requested information and/or fee within 135 days of the date the department issued the written notice to the applicant as described in paragraph (1) of this subsection, that the application is incomplete and/or additional fees are owed, the application is considered withdrawn. Fees paid are not refundable. There will be no refund of the fee except as provided by subsections (d) and (f) of this section. A new application and fee must be submitted to the department. (d) Reimbursement of fees. (1) In the event the application is not processed in the time periods stated in subsection (c) of this section, the applicant has the right to make a written request within 30 days of the end of the second period that the department reimburse in full the fee paid in that particular application process. (2) If the department finds that good cause existed for exceeding the established periods, the request will be denied. The department will notify the applicant in writing of the denial of the reimbursement within 30 days of the department's receipt of the request for reimbursement. (e) Good cause for exceeding the period established is considered to exist if: (1) 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; (2) another public or private entity utilized in the application process caused the delay; (3) conditions in violation of the rules exist which are noted in recent investigations or inspections; (4) the application is being held pending completion of an investigation, inspection, or enforcement action; (5) the application is incomplete in information, signature, and/or fee amount submitted; or (6) other conditions existed giving good cause for exceeding the established periods. (f) Appeal. If the request for reimbursement as authorized by subsection (d)(1) of this section is denied, the applicant may, within 30 days of being notified of the denial, appeal to the department for a resolution of the dispute. The applicant shall give written notice to the department requesting reimbursement of the fee paid because the application was not processed within the established time period. Within 30 days of receiving the appeal, the department shall submit a written report to the commissioner of the facts related to the processing of the application and describing the good cause for exceeding the established time periods. The commissioner then has 30 days to make the final decision and provide written notification of the decision to the applicant and the manager. (g) Hearings shall be conducted under the provision of contested case hearings pursuant to the Fair Hearing Procedures found in §§1.51 - 1.55 of this title. |
