10A NCAC 14C .0207       AGENCY DECISION

(a)  The agency shall determine whether a proposal is consistent with the review criteria set forth in G.S. 131E‑183 and the standards, plans, and criteria promulgated thereunder in effect at the time the review commences.  The agency shall determine which standards, plans, and criteria are applicable to the proposal.  If a proposal is consistent with all applicable standards, plans, and criteria, the agency decision shall be to issue the certificate of need.  If a proposal is not consistent with all applicable standards, plans, and criteria, the agency decision shall be to either not issue the certificate of need or issue one subject to those conditions necessary to insure that the proposal is consistent with applicable standards, plans, and criteria.  The agency may only impose conditions which relate directly to applicable standards, plans, and criteria.

(b)  The written agency decision shall include the following:

(1)           the basis for the decision;

(2)           the findings regarding the extent to which the proposal meets the criteria set forth in G.S. 131E‑183;

(3)           the time when the service or equipment is to be available or the project completed and the timetable to be followed; and

(4)           the approved capital expenditure for the project.

(c)  The agency decision and findings shall be sent to the applicant. The agency decision shall be sent to aggrieved persons as required under N.C.G.S. 150B‑23.  Any other person may obtain a copy of an agency decision and findings by requesting them from the agency, for which there will be a charge to cover the cost of reproducing the document.

 

History Note:        Authority G.S. 131E‑177; 131E‑189;

Eff. October 1, 1981;

Amended Eff. January 1, 1990.