Although review procedures and criteria may vary according to the purpose for which a particular review is being conducted, the normal procedures are as follows:

1. (1) Review schedule.

   1. (A) The review schedule below provides for the review of applications to be considered in the same review cycle.
   2. (B) Applications, which satisfy the requirements for expedited reviews, may be submitted at any time without regard to the established review schedule. PERMIT OF APPROVAL Review Schedule

      Application submitted by:*	Applications placed under review by:	Agency Decision by:
      November 1	December 1	February 28
      February 1	March 1	May 30
      May 1	June 1	August 30
      August 1	September 1	November 30

      *Proposed applications should be submitted no later than 4:30 P.M. on this day. This will allow the Health Services Permit Agency one (1) month to determine if the proposed application is complete. If the proposed application is determined complete it will be considered received and will go under review. If the application is not determined to be complete it will not go under review. The review cycle will not start until the application is declared complete, and official notification has been made placing the application under review. Please note if deadlines fall on a weekend or holiday the deadline will be extended to the next working day.

2. (2) The application/review process.

   1. (A)

      1. (i) The following are the steps of the application process.
      2. (ii) Each step must be completed before a decision on the project can be rendered.
   2. (B) Application form. The appropriate application forms must be obtained from the Health Services Permit Agency.

   3. (C) Preapplication conference/technical assistance.

      1. (i) If needed, a meeting will be scheduled at the request of the applicant between the applicant and an agency representative.
      2. (ii) The meeting is to assist the applicant and to provide guidance in the preparation of the application.

   4. (D) Submission of the application and appropriate review.

      1. (i) The applicant is responsible for the timely submission to the agency of an original and one (1) copy of a completed application and the review fee.
      2. (ii) The application must be signed in blue ink.
      3. (iii) The review fee is three thousand dollars ($3,000) for all reviews.
      4. (iv) In the event that an application decision results in a hearing before the Health Services Permit Commission, the requesting party will be charged the prevailing agency cost per page to cover the cost for the additional copies required for the hearing.

   5. (E) Determination of completeness.

      1. (i)

         1. (a) (a) The agency will determine the completeness of the application within thirty (30) calendar days of the scheduled submission date and, if appropriate, notify the applicant of any additional information required for the review of the proposal.
         2. (b) (b) The agency may allow up to an additional fifteen (15) days to obtain additional information.
      2. (ii) Any proposed application that does not address substantially any one (1) of the criteria will have the proposal returned and will not be considered for review for that cycle.

   6. (F) Information and requirements.

      1. (i) Applicants subject to a review must submit to the agency any information necessary for the review.
      2. (ii) The information requirements may vary according to the type of review and/or projects being reviewed.
      3. (iii) Please note that the agency determination of completeness merely indicates that the questions on the form have been answered.
      4. (iv) This does not indicate that the application is approvable or that the responses to the questions are adequate or appropriate.
      5. (v) The only additional information, which may be submitted after the filing date, is information specifically requested in writing by the agency.
      6. (vi) This request will be limited to information necessary to complete the proposed application.

      7. (vii) An applicant may correct a mistake in an application within the first thirty (30) days after the application is under review if:

         1. (a) (a) No other application in the review cycle is considered as competitive; and
         2. (b) (b) The change does not affect the scope of the proposal, i.e., the change does not result in an increase in:
3. (1) (1) Service area;
4. (2) (2) Services to be offered; or

5. (3) (3) The number of beds requested.

   1. (G) Notification of the beginning of review.

      1. (i)

         1. (a) (a) Timely written notification will be sent to:
6. (1) (1) Affected persons at the beginning of a review; and

7. (2) (2) Any person who has requested being on the agency’s mailing list.

   1. (b) (b) Notification will include the proposed schedule for the review.

      1. (ii) The date of notification is the date on which the notice is sent or the date on which the notice appears in a newspaper of general circulation, whichever is later.

      2. (iii)

         1. (a) (a) Written notification to members of the public and third-party payers will be provided through a newspaper of general circulation.
         2. (b) (b) Notification to all other affected persons will be by mail (which may be a copy of the notice or a newspaper).

   2. (H) Review period.

      1. (i) Arkansas Code § 20-8-104 provides that the agency must approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review.
      2. (ii) An application is submitted for review when the agency has received a completed application and has so notified the applicant and the public.

   3. (I) Availability of reports — Methods for obtaining public access.

      1. (i) All applications under review and all other written materials essential to the review shall be accessible to the general public.
      2. (ii) The agency will provide, upon request, notification of the status of reviews, findings, and other appropriate information.
      3. (iii) Depending on the amount of material requested there might be a charge for copying.

   4. (J) Opponents written comments.

      1. (i) Opponents to applications have thirty (30) days from the public notice of the start of the review cycle to submit written comments to the agency.
      2. (ii) These comments will be considered in, and will be attached to, the agency’s decision.

      3. (iii) An affected person or any other interested party must submit written notice of opposition to the agency in order to:

         1. (a) (a) Receive notice of the agency decision; and
         2. (b) (b) Preserve the right to appeal the agency decision to the commission.

      4. (iv) Applicants will:

         1. (a) (a) Be notified of these comments; and
         2. (b) (b) Have until the fiftieth day of the review cycle to respond in writing to opponent's comments.
   5. (K) Informal hearing during review. The Director of the Health Services Permit Agency may convene an informal hearing on any application under review.

   6. (L) Agency decision.

      1. (i) According to Arkansas Code § 20-8-104, the agency must approve or deny the application within ninety (90) days from the date the application is deemed complete and submitted for review.
      2. (ii) The criteria that the proposed project met or failed to meet shall be set forth in written findings to the applicant.
      3. (iii) Findings will be sent via certified mail to opponents who have written a letter of opposition and also to unsuccessful applicants.

   7. (M) Appeal for hearing before the commission.

      1. (i)

         1. (a) (a) Opponents of applications must submit a letter of opposition during the thirty-day review period in order to be eligible to request a hearing before the commission.
         2. (b) (b) Any applicant or opponent seeking an appeal of the agency’s decision on a permit of approval shall file for a hearing within thirty (30) days of receipt of the agency’s decision.
      2. (c) (c) An appeal shall be written and documented on the agency’s appeal form for permit of approval decisions.

      3. (d) (d) The grounds for the appeal must be indicated on the form and no additional grounds may be raised before the commission.

         1. (e) (e) The form will be provided by the agency.

      4. (ii) When there is an application pending before the agency or the commission no additional applications will be placed under review for the same service or facility in the same service area until:

         1. (a) (a) An appeal has been filed in circuit court; or
         2. (b) (b) The time has expired for appeal to circuit court on the pending application.
      5. (iii) Appeals to the commission will be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

      6. (iv)

         1. (a) (a) Appellant or appellants will present their case first.
         2. (b) (b) The appellee or appellees will follow.
      7. (c) (c) The appellant or appellants shall be given an opportunity to present rebuttal witnesses.
      8. (d)
8. (1) (d)(1) Each side may cross-examine witnesses.

9. (2) (2) The time for cross-examination will not be counted as part of the suggested time frame.

   1. (e) (e) The following is the suggested time frame for appeals:
10. (1) (1) Ten (10) minutes for opening remarks for each side;
11. (2) (2) Forty (40) minutes for presentation for each side; and

12. (3)

    1. (A) (3)(A) Ten (10) minutes for closing comments for each side.

    2. (B) (B) The appellant or appellants may reserve a portion of the time for rebuttal.

       1. (f)
13. (1) (f)(1) Each commissioner will have a copy of the complete file.
14. (2) (2) This is a part of the record.

15. (3) (3) Therefore, it is not necessary to introduce the application, findings, notices, etc., as exhibits in the administrative hearing.

    1. (v)

       1. (a) (a) The commission:
16. (1) (1) Will conduct a hearing within ninety (90) days of the agency decision; and

17. (2) (2) Shall render its final decision within fifteen (15) days of the close of the hearing.

    1. (b) (b) Failure of the commission to take final action within these time periods shall:
18. (1) (1) Be considered a ratification of the agency decision on the permit of approval; and

19. (2) (2) Constitute the final decision of the commission.

    1. (vi)

       1. (a) (a) A hearing may be delayed through a continuance by either the applicant or the opponent or opponents if the request is made in writing to the agency at least (10) days before the date of the hearing.

          1. (b) (b) Neither the applicant nor the opponent or opponents may request more than one (1) continuance, i.e., there will be no more than one (1) continuance per side.
       2. (c) (c) This language should not be read to deny any rights guaranteed by the Arkansas Code.

    2. (N) Ex parte contacts.

       1. (i) After an application for permit of approval is filed with the agency there shall be no ex parte contacts between:

          1. (a) (a) An applicant or any person acting on behalf of the applicant (or holder of a permit of approval in a decision to withdraw a permit) or any person opposed to the issuance (or in favor of withdrawal) of a permit of approval; and
          2. (b) (b) Any member of the commission.
       2. (ii) An ex parte contact by an applicant or a person representing an applicant may be grounds for the withdrawal of the application from review.
       3. (iii) Note. An ex parte communication is defined as oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding.