Certificate of Need Rules
The CON application forms authorized by G.S. 131E-182(b) request information from the applicants which is designed to address the review criteria found in G.S. 131E-183(a). It has been determined that two of the rules proposed to be repealed, 10A NCAC 14C .3201 and .3203, are inconsistent with the State Medical Facilities Plan and are not needed in order for the agency to determine whether or not an application is conforming to the statutory review criteria. Furthermore, four of the rules proposed to be repealed are unnecessary or outdated, 10A NCAC 14C .0103, .0201, .0401 and .0403. The rules proposed to be repealed also place an unnecessary burden on applicants and increase the complexity of litigation which has a cost to the Department and the applicants.
- Notification of proposed rules for repeal (PDF, 141 KB)
- Proposed Effective Date: October 1, 2016
- Public Comment Period: June 1, 2016 - August 1, 2016
Comments may be submitted by:- Email: [email protected];
- Public Hearing
- Date: July 28, 2016
- Time: 10:00 a.m.
- Location: Room 026, Edgerton Building, 809 Ruggles Drive, Raleigh, NC 27603.
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, NC 27699-2701;
- The fiscal note is not required pursuant to G.S. 150B-21.4(d)
- Not applicable for these rules
- Federal Certification required by G.S. 150B-19.1(g)
- Not applicable for these rules
- The notice of text as approved by the Division Director, 4/29/2016
- Proposed 10A NCAC 14C .0103 (PDF, 8 KB)
- Proposed 10A NCAC 14C .0201 (PDF, 7 KB)
- Proposed 10A NCAC 14C .0401 (PDF, 7 KB)
- Proposed 10A NCAC 14C .0403 (PDF, 7 KB)
- Proposed 10A NCAC 14C .3201 (PDF, 7 KB)
- Proposed 10A NCAC 14C .3203 (PDF, 8 KB)
- Public Comments
- These rules were approved by the Rules Review Commission on 9/15/2016
- 10A NCAC 14C .0103 (PDF, 7 KB)
- 10A NCAC 14C .0201 (PDF, 31 KB)
- 10A NCAC 14C .0401 (PDF, 30 KB)
- 10A NCAC 14C .0403 (PDF, 7 KB)
- 10A NCAC 14C .3201 (PDF, 7 KB)
- 10A NCAC 14C .3203 (PDF, 7 KB)
- Effective Date: October 1, 2016
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.