Section He-Hea 302.06 - Review Schedule(a) The board shall review applications for expeditious review within 45 days, but extend the schedule by 15 calendar days for the following reasons: (1) A quorum of the board is lacking on the date the proceeding is scheduled to be heard regarding an application for a CON or other subject of the proceeding;(2) The staff's workload precludes the preparation of staff memoranda or data in time to allow the board and the parties an opportunity to review or contest such memoranda or data prior to the scheduled proceeding;(3) The number or magnitude of projects to be heard exceeds the capacity that could otherwise be included in a single proceeding without compromising or depriving a party's rights to a full and fair hearing; or(4) New or additional information is introduced by the parties since the scheduling of the proceeding that could affect the outcome of the proceeding;(b) The board shall hold a public hearing during the review period.(c) The board shall waive the need for a public hearing if: (1) The rights of any party are not violated by such waiver; or(2) The delay caused by such hearing would create a financial burden for the parties and the general public.(d) For this section, "financial burden" shall include: (1) The possible loss of financing source;(2) Increases in financing costs exceeding 5% of the current rate; or(3) Any other conditions that would cause the sum of the total capital cost of the project to be exceeded by 10%.N.H. Admin. Code § He-Hea 302.06
#5593, eff 3-10-93, EXPIRED: 3-10-99
New. #6976, INTERIM, eff 4-15-99, EXPIRED: 8-13-99
New. #7139, eff 11-23-99, EXPIRED: 11-23-07
New. #9075-B, eff 1-24-08
Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11081-B, Effective 4/23/2016, Expires 4/23/2026.