(a) General.
(1) The date a license application is received is the
date the application reaches Health Facility Licensing (commission).
(2) An application for an initial license is complete
when the commission has received, reviewed, and found acceptable the
information described in §139.23(c)(2)(C) of this title (relating
to Application Procedures and Issuance of Licenses).
(3) An application for a renewal license is complete
when the commission has received, reviewed, and found acceptable the
information described in §139.23(d)(2) of this title.
(4) An application for a change of ownership or change
of physical location license is complete when the requirements of §139.24
of this title (relating to Change of Ownership or Services, Change
of Physical Location, and Closure of a Licensed Abortion Facility)
have been met.
(b) Time periods. An application from an abortion facility
for an initial license, renewal license, change of physical location
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 commission
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 45 days for initial, renewal, change of physical
location, and change of ownership applications.
(2) The second time period begins on the date the last
item necessary to complete the application is received and ends on
the date the license is issued. The second time period is 45 days
for initial, renewal and change of ownership applications.
(c) Reimbursement of fees.
(1) In the event the application is not processed in
the time periods stated in subsection (b) of this section, the applicant
has the right to request that the commission reimburse in full the
fee paid in that particular application process. If the commission
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 giving good cause for
exceeding the established periods.
(d) Appeal. If the request for reimbursement as authorized
by subsection (c) of this section is denied, the applicant may then
appeal to the executive commissioner for a resolution of the dispute.
The applicant shall give written notice to the executive commissioner
requesting reimbursement of the fee paid because the application was
not processed within the established time period. The commission 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 executive commissioner shall make the final decision
and provide written notification of the decision to the applicant
and the commission.
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