333.22235 Waiver of law and procedural requirements and criteria for review; affidavit; emergency certificate of need.
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333.22235 Waiver of law and procedural requirements and criteria for review; affidavit; emergency certificate of need.
Sec. 22235.
(1)The department may waive otherwise applicable provisions of this part and procedural requirements and criteria for review upon a showing by the applicant, by affidavit, of all of the following:
(a)The necessity for immediate or temporary relief due to natural disaster, fire, unforeseen safety consideration, or other emergency circumstances.
(b)The serious adverse effect of delay on the applicant and the community that would be occasioned by compliance with the otherwise applicable requirements of this part and rules promulgated under this part.
(c)The lack of substantial change in facilities or services that existed before the emergency circumstances established under subdivision (a).
(d)The temporary nature of the construction of facilities or the services that will not preclude different disposition of longer term determinations in a subsequent application for a certificate of need not made under this section.
(2)The department may issue an emergency certificate of need after necessary and appropriate review. A record of the review shall be made, including copies of affidavits and other documentation. Findings and conclusions shall be made as to an application for an emergency certificate of need, whether the emergency certificate of need is issued or denied.
(3)An emergency certificate of need issued under this section is a final decision and the applicant is not required to submit a formal application for a second review. A certificate of need issued under this section may be subject to special limitations and restrictions, in regard to duration and right of extension or renewal and other factors, imposed by the department.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2002, Act 619 , Eff. Mar. 31, 2003
Popular Name: Act 368