CERTIFICATE OF NEED FEES AND CIVIL PENALTIES
Fees, Application for Certificate of Need
(1) The Public Health Division sets application fees for certificates of need (checks shall be payable to the Public Health Division).
(2) The application fees shall not be waived, except in the case of projects which are intended to predominantly serve medically indigent persons provided that such projects are eligible for abbreviated review under OAR 333-560-0010(1).
(3) Application fees shall not be refundable after the application is considered complete by the Division, except as provided under subsection (6)(b) of this rule.
(4) The application fee for projects shall be in accordance with the fee schedule contained in Table 4.
(5) An applicant who has submitted an application which was withdrawn before being declared complete may receive a refund of 90 percent of the application fee, less any legal fees incurred by the Division in review of the application or its letter of intent, provided that the applicant makes a written request for return of the fee. However, incomplete applications which are not completed within one year of their initial submission shall not be eligible for any refund of the fee.
(6) If the total project costs reported upon completion of the project under OAR 333-575-0000(8) differ by more than 10 percent from the costs projected in the initial application, the Division will:
(a) Order the applicant to pay an additional fee, if the actual costs upon completion would have required a higher fee under section (4) of this rule; or
(b) Make a refund to the applicant, if the actual costs upon completion would have resulted in a lower fee than that which was paid at the start of the review.
Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 4432.120(6) & 442.315
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; OHD 11-1998, f. & cert. ef. 10-22-98; PH 19-2008, f. 12-17-08, cert. ef. 1-1-09
(1) The Public Health Division may impose civil penalties upon any person who violates ORS 442.315 through 442.347, any rule promulgated thereunder, or any order issued by the Division under this authority, including the violation of any condition set forth in an order granting a certificate of need.
(2) A notice of civil penalty shall include a statement of appeal rights as provided in ORS 183.745.
(3) Civil penalties imposed under this rule shall not exceed $500 a day per violation.
Stat. Auth.: ORS 431.120(6), 431.262 & 442.315
Stats. Implemented: ORS 431.120(6), 431.262 & 442.315
Hist.: PH 3-2009, f. & cert. ef. 4-20-09