(c)

1. (1) Upon receiving a written request for an exception, the Health Services Permit Agency will follow the notice and comment procedures and will submit copies of all comments received by the commission with its request.

2. (2) Before approving the request, the commission will:

   1. (A) Review copies of the comments submitted by the agency; and
   2. (B) Determine that the procedures to be used:

(i) Are consistent with the purposes of the act; and

1. (ii) Will not adversely and substantially affect the rights of affected persons.

   1. (d) The agency will distribute a notice of the approved exception and of any substitute procedures established under this section.