(a) Review of all applications for certification of need shall take into consideration consistency with OPWDD's operational planning documents, current and accurate State budget information, current need data, and the standard criteria of:

1. (1) the character and competence of the operator(s);
2. (2) the fiscal viability and cost-effective feasibility; and
3. (3) the probability of operating in conformance with regulation.

(b) The commissioner's decision may be:

1. (1) approval of the project and authorization to proceed with development; or
2. (2) approval of the project, but denial of requested capital funding; or
3. (3) approval of the project, but denial of operating funds through Federal or State programs; or
4. (4) conditional approval of the project, with or without authorization to proceed; or
5. (5) disapproval of the project.

(c) If the commissioner intends to disapprove the project, he or she shall notify the applicant, and the health systems agency, the designated State health planning and development agency and the local governmental unit of his or her intent and provide the report of findings and the basis for the decision, and shall afford the applicant an opportunity to be heard in accordance with Part 602 of this Title before taking such action.

1. (1) If the commissioner intends to disapprove a project of which the health systems agency or the local governmental unit has recommended approval, he or she shall notify the health systems agency, the local governmental unit and the applicant, of the intended action and provide all parties with copies of the report.
2. (2) Said parties shall be afforded the opportunity to be heard in accordance with Part 602 of this Title. If such hearing is requested, it shall be held in accordance with the regulations of the commissioner.