Md. Code Regs. 10.24.01.10

Current through Register Vol. 51, No. 11, May 31, 2024

Section 10.24.01.10 - Miscellaneous Rules and Procedures

A. Computation of Time.

(1) In computing a period of time prescribed by these regulations, by order of the Commission, or by an applicable statute, the day of the action or default initiating the designated period of time is not included. The last day of the period so computed is to be included unless it is a day on which the office of the Commission is closed, in which event the period extends until the next day on which the office of the Commission is open. Unless otherwise noted, all time periods shall be computed in calendar days.

(2) At the discretion of the reviewer, the Executive Director, or the Executive Director's designee, and upon a showing of good cause by the submitting party, a period of time to submit a document or perform any act permitted or prescribed by these regulations may be extended for a reasonable period of time.

B. Filing of Documents. In all matters before the full Commission, filings may not be made directly to individual commissioners except at the direction of the reviewer or the Executive Director.

C. Motion Practice.

(1) A motion shall be made in writing, except when made at a hearing or prehearing conference in accordance with Regulation .11 of this chapter, and shall state concisely the action the movant desires the Commission to take, and supporting grounds and authority.

(2) A motion shall be filed within 20 days of the determination to which the motion responds.

(3) The following actions shall be taken by motion:

(a) A demand for an action which the movant desires the Commission, the reviewer, or the staff of the Commission to take;

(b) A request for reconsideration, under Regulation .19 of this chapter;

(c) An objection to the introduction of a statement or other evidence by a party during an evidentiary hearing held under Regulation .11 of this chapter;

(d) A challenge to a reviewer or other member of the Commission;

(e) An action that might be initiated properly or undertaken by a party to a review, and that is not otherwise provided for in this chapter; and

(f) Any other question that is justiciable.

(4) A motion need not be verified unless it is based on facts not apparent from the record or documents filed in the proceeding.

(5) An applicant or interested party to the review may file one written answer to a motion, in the same format required of motions, within 10 days of the filing of the motion.

(6) Except as otherwise provided in these regulations, the reviewer or, in a matter in which no reviewer has been appointed, the Executive Director shall rule on a motion made prior to the issuance of a proposed decision or staff recommendation. Except as otherwise provided in these regulations, the Chair shall rule on all other motions.

(7) The person presiding over the motion may hear oral argument on the motion at the request of a party.

D. Summary Decision.

(1) At any time after an application is docketed, staff may file a motion for summary decision to deny the application.

(2) The motion shall identify the grounds for the motion, which is not required to address every applicable State Health Plan standard. The applicant may respond to the motion in writing, within 15 days of receipt of the motion.

(3) The reviewer, or, in a matter in which no reviewer has been appointed, a commissioner appointed as motions officer by the Executive Director, may hear oral argument on the motion at the request of a party and shall issue a proposed ruling which shall be subject to review by the full Commission.

(4) A quorum of the full Commission shall make a final ruling on the motion for summary decision.

E. Ex Parte Contacts. After the docketing of an application and until the Commission renders its final decision under this regulation, the ex parte provisions of the State Government Article, Title 10, Annotated Code of Maryland, apply.

F. Local Health Department Review and Comment. The Commission shall seek information and comment from each local health department in the health planning region for the proposed project, and shall consider any response from each health department in making a final decision on an application.

G. Required Approvals.

(1) Except in emergency circumstances posing a threat to public health, all decisions of the Commission on an application for a Certificate of Need shall be consistent with applicable State Health Plan standards and criteria established by the Commission.

(2) Unless the Commission finds that the facility or service for which a proposed expenditure is to be made is not needed or is not consistent with the State Health Plan, the Commission shall approve an application for a Certificate of Need to the extent that the expenditure will be made to eliminate or prevent an imminent safety hazard, as defined by federal, State, or local fire, building, or life safety codes or regulations, to comply with State licensing standards, or to comply with accreditation standards for reimbursement under Title XVIII of the Social Security Act or under the State Medical Assistance Program approved under Title XIX of the Social Security Act.

H. Notice of Final Action on a Certificate of Need Application. The Commission shall provide a copy of a CON decision to State or local licensing agencies, the Maryland Medical Assistance Program, and the Health Services Cost Review Commission.

I. Participation of Staff. A reviewer may seek the assistance of any member of the Commission staff in preparing a proposed decision.

J. Transferability. A Certificate of Need or other Commission approval is not transferable.

K. Consent Agenda.

(1) The Commission may take action on the following categories of items by use of a consent agenda at a public meeting of the Commission:

(a) Adoption of final regulations previously adopted by the Commission as proposed permanent regulations that:

(i) Do not result in public comments after publication in the Maryland Register; and

(ii) Contain no wording changes.

(b) A change in an approved project that requires Commission approval pursuant to Regulation .17 of this chapter and is recommended for approval by the Executive Director with the exception of:

(i) An increase in the capital cost of a project that exceeds the approved capital cost inflated by the cost index specified in Regulation .17 of this chapter that also includes a change in the financing mechanism of the project; or

(ii) A change in the financing mechanism of the project.

(c) Confirmation of an emergency CON issued by the Executive Director in accordance with Regulation .20 of this chapter.

(d) Other categories of actions that a majority of the fully authorized membership of the Commission votes to include on the consent docket.

(2) Consent agenda items shall be disseminated to the Commissioners prior to the meeting along with copies of any related materials. At the beginning of the meeting, the Chair of the Commission will present the consent agenda to the Commissioners and ask whether anyone wishes to remove an item from the consent agenda to the main agenda or the next scheduled meeting. Items may be removed from the consent agenda on the request of any one Commissioner. Items not removed may be adopted by general consent without debate. Removed items may be taken up either immediately after the consent agenda, placed later on the agenda, or moved to the meeting that follows at the discretion of the Chair.

Md. Code Regs. 10.24.01.10

Regulations .10 amended effective February 4, 1976 (3:3 Md. R. 151)
Regulations .10 adopted effective November 6, 1995 (22:22 Md. R. 1658)
Regulation .10 amended as an emergency provision effective November 9, 1995 (22:24 Md. R. 1874); amended permanently effective March 11, 1996 (23:5 Md. R. 379)
Regulation .10 amended effective April 11, 2005 (32:7 Md. R. 680); adopted effective 50:22 Md. R. 975, eff. 12/1/2023