(c) When making a decision on applications submitted for the same county in the same review cycle, additional beds available (according to the county’s projected net need) will be awarded in the following ranked order:

1. (1)

   1. (A) Beds available shall first be allocated to applicants who propose to add beds to an existing licensed facility whose facility had a ninety-six percent (96%) average occupancy rate or greater for the most recently available occupancy as reported by the Department of Human Services and as reflected in the current quarterly published Bed Need Book, provided all requirements for approval of the application or applications are met.
   2. (B) Maximum beds awarded pursuant to this first priority shall be either a number of beds equivalent of up to a ten percent (10%) increase in the facility’s existing number of licensed beds or ten (10) beds, whichever is greater;

2. (2)

   1. (A) Beds available shall next be allocated to applicants who propose to add beds to an existing licensed facility under Utilization based methodology, 25 CAR § 255-503, provided all requirements for approval of the application or applications are met.
   2. (B) Beds awarded pursuant to this second priority shall be either a number of beds equivalent of up to a ten percent (10%) increase in the facility’s existing number of licensed beds or ten (10) beds, whichever is greater.
   3. (C) This subdivision is not intended to require a county to have a projected net need to qualify for a 25 CAR § 255-503 increase but rather is intended to ensure that if there is an increase approved in that review cycle, the additional beds awarded will be deducted from any projected net need before any other application with lesser priority is approved;

3. (3)

   1. (A) Remaining beds available shall next be allocated to applicants who propose to replace facilities pursuant to 25 CAR § 255-504, the replacement methodology, who are eligible for a twenty percent (20%) increase in their licensed capacity.
   2. (B) The subdivision is not intended to require a county to have a projected net need to qualify for a 25 CAR § 255-504 twenty percent (20%) increase but rather is intended to ensure that if there is a twenty percent (20%) increase approved in that review cycle, the additional beds awarded will be deducted from any projected net need before any other application with lesser priority is approved;

4. (4)

   1. (A) Remaining available beds shall next be allocated to applicants who have an existing facility with less than seventy (70) beds who are proposing to expand to seventy (70) beds.
   2. (B) These applicants may be approved for a number of additional beds necessary to enable them to expand to seventy (70) beds.
   3. (C) However, if these applicants have less than seventy (70) beds and more than sixty (60) licensed beds they may be approved for up to a ten-bed increase; and
5. (5) Remaining beds available shall next be allocated to applicants proposing to construct a new facility which the Health Services Permit Agency finds meet all criteria for approval.