(a)

1. (1) The Division of Developmental Disabilities Services shall provide written notice by certified mail of its designation that an area is underserved to all CHMS programs, DDTCS programs for children, and successor programs with existing operations in the county designated by the division as underserved.

2. (2)

   1. (A) Any qualified provider stating an intention to alter its operations must accomplish the alteration within ninety (90) days from the date it receives notification from the Division of Developmental Disabilities Services that the county is underserved.
   2. (B) The ninety-day period may be extended by the division if the provider demonstrates in writing to the division that there is good cause for the delay.
   3. (C) In no event shall an aggregate of one hundred eighty (180) days be exceeded unless substantial progress has been made towards meeting site approval requirements.
   4. (D) The division shall consider the following:

(i) Whether a lease has been secured or construction commenced; and

1. (ii) Whether staff has been recruited or hired for employment.
2. (3) If no existing provider states an intention to alter its services, or if a provider expresses an intention to alter its services but fails to accomplish the alteration before deadlines stated above, the division shall proceed to the following step.

(b)

1. (1) If all CHMS programs, DDTCS programs for children, and successor programs with existing operations in the county designated by the division as underserved determine not to expand early intervention day treatment services, including CHMS, DDTCS for children, or successor program services in the underserved county, the division shall provide written notice by certified mail of its designation that an area is underserved to all qualified providers of CHMS, DDTCS for children, and any successor program services in the remainder of the state.

2. (2)

   1. (A) Any qualified provider stating an intention to alter its operations must accomplish the alteration within ninety (90) days from the date it receives notification from the division that the county is underserved.

   2. (B)

      1. (i) The ninety-day period may be extended by the division if the provider demonstrates in writing to the division that there is good cause for the delay.
      2. (ii) In no event shall an aggregate of one hundred eighty (180) days be exceeded unless substantial progress has been made towards meeting site approval requirements.
      3. (iii) The division shall consider the following:

(b) (b) Whether staff has been recruited or hired for employment.

1. (3) If no existing qualified provider in the state states an intention to alter its services, or if a provider expresses an intention to alter its services but fails to accomplish the alteration before deadlines stated above, the division shall proceed to the following step.

   1. (c)
2. (1) If all CHMS programs, DDTCS programs for children, and successor programs in the remainder of the state determine not to expand early intervention day treatment services, including CHMS, DDTCS for children, or successor program services in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.
3. (2) In the event a new entity that has never been a provider of CHMS or DDTCS for children services is approved, the deadlines for implementing a new program will be the same as those found in subdivisions (a)(2) – (4) of this section and subdivision (b)(2) of this section.