South Carolina § 44-7-200 - Application for Certificate of Need; notice; prohibited communications.

§ 44-7-200. Application for Certificate of Need; notice; prohibited communications.

(A) An application for a Certificate of Need must be submitted to the department in a form established by regulation. The application must address all applicable standards and requirements set forth in departmental regulations, Project Review Criteria of the department, and the South Carolina Health Plan.

(B) Within twenty days before submission of an application, the applicant shall publish notification that an application is to be submitted to the department in a newspaper serving the area where the project is to be located for three consecutive days. The notification must contain a brief description of the scope and nature of the project. No application may be accepted for filing by the department unless accompanied by proof that publication has been made for three consecutive days within the prior twenty-day period and payment of the initial application fee has been received.

(C) Upon publication of this notice and until a contested case hearing is requested pursuant to Section 44-1-60(G):

(1) members of the board and persons appointed by the board to hold a final review conference on staff decisions may not communicate directly or indirectly with any person in connection with the application; and

(2) no person shall communicate, or cause another to communicate, as to the merits of the application with members of the board and persons appointed by the board to hold a final review conference on staff decisions.

A person who violates this subsection is subject to the penalties provided in Section 1-23-360.

(D) After receipt of an application with proof of publication and payment of the initial application fee, the department shall publish in the State Register a notice that an application has been accepted for filing. Within fifteen days of acceptance of the application, the department may request additional information as may be necessary to complete the application. The applicant has fifteen days from the date of the request to submit the additional information. If the applicant fails to submit the requested information within the fifteen-day period, the application is considered withdrawn.

(E) After a Certificate of Need application has been filed with the department, state and federal elected officials are prohibited from communicating with the department with regard to the Certificate of Need application at any time. This prohibition does not include written communication of support or opposition to an application. Such written communication must be included in the administrative record.

HISTORY: 1962 Code SECTION 32-770; 1952 Code SECTION 32-770; 1947 (45) 510; 1979 Act No. 51 SECTION 1; 1988 Act No. 670, SECTION 1; 1990 Act No. 471, SECTION 1; 1992 Act No. 511, SECTION 9; 2010 Act No. 278, SECTIONS 9, 10, eff July 1, 2010; 2023 Act No. 20 (S.164), SECTION 12, eff May 16, 2023.

Effect of Amendment

2023 Act No. 20, SECTION 12, in (D), in the second and third sentences, substituted "fifteen days" for "thirty days", and in the fourth sentence, substituted "fifteen-day period" for "thirty-day period".