the bureau under these rules and the code. During the extension period, the applicant
may submit to the department and the appropriate regional certificate of need review
agency, additional information to demonstrate that the application is in compliance with
the new or revised certificate of need review standards.
(b) If an applicant requests an extension under this rule the bureau shall issue a
proposed decision on the completed application, using the new or revised certificate of
need review standards, on or before 45 days for nonsubstantive applications or 120 days
for substantive applications, after receipt of the additional information.
(c) If the applicant does not request an extension under this, the bureau shall issue a
proposed decision on the completed application reviewed according to the new or revised
certificate of need standards and the proposed decision shall be issued according to the
date established under R 325.9207.
(3) If the bureau has reviewed an application, other than on a comparative basis, and
the bureau has issued a proposed decision, then either of the following applies:
(a) The applicant may request, within 15 days of the effective date of the new or
revised certificate of need review standards, and the department may grant a remand of
the proposed decision to the bureau. Upon such remand, the date a final decision must be
issued by the director of the department is stayed and the applicant may submit, to the
department and the appropriate regional certificate of need review agency, additional
information to demonstrate that the application complies with the new or revised
certificate of need review standards under R 325.9125. Upon remand, the bureau shall
issue a proposed decision on the completed application according to the new or revised
certificate of need review standards, on or before 45 days for nonsubstantive applications
or 120 days for substantive applications, after receipt of the additional information.
(b) If the applicant does not request a remand under this rule, the director of the
department shall issue a final decision on the completed application reviewed according
to the new or revised certificate of need standards and the final decision shall be issued in
accordance with the date established under these rules and the code.
(4) If the bureau has reviewed an application, other than on a comparative basis; the
bureau has issued a proposed decision; and the applicant has requested a hearing on a
proposed decision under section 22232(1) of the code, then regardless of the stage of the
hearing, either of the following apply:
(a) The applicant may request that the matter be remanded to the bureau for further
review according to subrule (3) of this rule.
(b) If the applicant does not request a remand under this subrule, the applicant may,
within 60 days following the effective date of the new or revised certificate of need
review standards augment, for introduction in the hearing its testimony evidence and
exhibits in support of its application with regard to the new or revised certificate of need
review standards.
(c) If an applicant does not request a remand under this subrule, the department shall
submit, to the hearing officer, within 60 days of the effective date of the new or revised
certificate of need review standards, or 60 days of the date an applicant has augmented
the record, whichever comes later, an analysis of the applicant's compliance with the new
or revised certificate of need review standards.
(5) If an application is in a comparative review, regardless whether it is in the
process of being reviewed by the bureau or in any stage of a hearing, by the director of
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