OAR 333-555-0030: Letters of Intent, Notification

(1) As soon as possible after receiving and reviewing a letter of intent, the division shall send copies of the letter of intent to any persons known to the division as offering similar services to residents of the area which would be served by the project, together with a notice that the division will consider comments regarding the proposed letter of intent if such comments are received at least two working days prior to the deadline for the division’s ruling on the letter of intent. The purpose of providing such notice is informational, so that the division can gather data that may be relevant to its decision regarding the letter of intent. Persons who are sent copies of the letter of intent or who submit comments on the letter of intent are not considered to be parties in the division’s review of the letter of intent. The division will not recognize any affected parties in regard to a letter of intent other than the party submitting the letter of intent. Within 15 days of receipt, the division shall give written notification to the person filing the letter of intent and to any parties who have submitted comments of its ruling that: (a) The proposal is not subject to the certificate of need law and state the reasons; or (b) The proposal is subject to full review under the certificate of need law; (c) The proposal is subject to the certificate of need law, and is eligible for abbreviated review pursuant to OAR 333-560-0010 and 333-560-0020; or (d) The letter of intent contains insufficient information to make a determination; (e) The proposal is subject to certificate of need law and is eligible for expedited review pursuant to OAR 333-560-0110 and 333-560-0120. (2) Letters of intent containing insufficient information to make a determination shall not satisfy the requirement of OAR 333-555-0000(1) nor 333-555-0010(2). (3) Except as provided under section (4) of this rule, a ruling under subsection (1)(a) of this rule may not be made to terminate if the person who filed the letter of intent can demonstrate that the person’s position has changed in a material and substantial way as a result of relying on such ruling. (4) Rulings under subsection (1)(a) of this rule apply only to the costs and other relevant conditions as stated in the letter of intent. If these costs or other conditions change or if the person submitting the letter of intent fails to submit information which could affect the division’s ruling, the ruling will not apply to the project, and a new letter of intent will be required. (5) Following the division’s ruling on a letter of intent, applicant may request a meeting, or “preapplication conference” with division staff, to discuss development of the application. (6) If the original letter of intent contains insufficient information to make a determination regarding appropriate review categories, the division shall notify the person filing the letter of intent under subsection (1)(d) of this rule that additional information must be provided in writing. Within 15 days of receipt of sufficient written information, the division shall give written notification under section (1) of this rule. (7) The division may, on its own initiative and at its discretion, extend the time period for response to a letter of intent, as specified in section (1) of this rule, to up to 30 days, in the case of letters of intent that raise complex issues or that require research or consultation by division staff. If the division elects to extend this time period, the division will inform the person filing the letter of intent and any other parties receiving notice under section (1) of this rule. (8) If additional information or modifications to a letter of intent are received from the person filing the letter of intent prior to the division’s ruling under section (1) of this rule, the deadline for the division’s ruling will be 15 days after receipt of such additional information or modification.