(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 §125.12(a) of this title (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 §125.13(b) of this title (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 this title (relating to Formal Hearing Procedures)
apply to all hearings requested under this chapter.
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