Step-by-step details from application to final decision
30 days before start of application review cycle
Notice of Intent Filed with MDH
CON application received
Notice of application receipt appears in the on-line CON Weekly Report. Application is reviewed for completeness within 15 days of receipt.
Incomplete Application Applicant is notified; 15 days allowed for completion
Complete Application 30-day comment period begins. Notice published in newspaper and on-line. Letters sent to affected parties.
45 days after receipt of application — Ex parte rule takes effect
Staff Analysis Report published. Staff recommendation to approve or disapprove published in the CON Weekly Report and in newspaper. Letters to affected parties mailed.
Review Period Begins 90-day review period begins on publication of Staff Analysis
20-day period to request hearing begins
65 days after receipt of application — Ex parte remains in effect
Hearing Requested Hearing date set 60 days from this date; notice published in newspaper and on-line in CON Weekly Report.
40 days prior to hearing: Parties exchange documents.
30 days prior to hearing: Subpoenas must be served.
20 days prior to hearing: Production of documents due; other evidentiary motions.
15 days prior to hearing: Legal notice published; affected parties notified.
10 days prior to hearing: Pre-trial held; non-evidentiary motions. Enter pre-trail order.
Hearing Waived Application placed on agenda for decision by State Health Officer at next monthly CON meeting
Hearing Hearing Officer conducts hearing, makes findings of fact and recommendation. Proceedings of hearing issued to State Health Officer.
Application placed on agenda for decision by State Health Officer at next monthly CON meeting
Within 20 days of decision
Appeal may be filed Appeal must be filed in the appropriate Chancery Court within 20 days.
Ex parte rule: after the publication of the staff analysis, and before a written decision is made by the State Health Officer, there shall be no ex parte contacts between (a) any person acting on behalf of the applicant or holder of the CON or any person opposed to the issuance or in favor of the withdrawal of the CON and (b) the State Health Officer; the Deputy State Health Officer; the Director and Deputy Director of the Office of Health Regulation, the hearing officer; or the staff of Health Planning and Resource Development.
Ex parte restrictions hold from the beginning of the application's 90-day review period until a written recommendation from the State Health Officer is received. ^ Return
