10-144 C.M.R. ch. 503, § 8-5 - Record

The record created by the Department in the course of its review of an application must contain the following:

A. The application and all other materials submitted by the applicant for the purpose of making those documents part of the record;

B. All information generated by or for the Department in the course of gathering material to assist the Commissioner in determining whether the conditions for granting an application for a Certificate of Need have or have not been met. This information may include, without limitation, the report of consultants, including reports by panels of experts assembled by the Department to advise it on the application, memoranda of meetings or conversations with any person interested in commenting on the application, letters, memoranda and documents from other interested agencies and offices of State Government, memoranda describing officially noticed facts and any information supplied by Maine Health Data Organization;

C. Stenographic or electronic recordings of any public hearing held by the Commissioner or the staff of the Department at the direction of the Commissioner regarding the application;

D. Stenographic or electronic recording of any public informational meeting held by the Department pursuant to section 337, subsection 5;

E. Any documents submitted by any person for the purpose of making those documents part of the record regarding any application for a Certificate of Need or for the purpose of influencing the outcome of any analyses or decisions regarding an application for Certificate of Need, except documents that have been submitted anonymously. Such source-identified documents automatically become part of the record upon receipt by the Department;

F. Preliminary and final analyses of the record prepared by the staff; and

G. Written assessments by the Director of the Maine Center for Disease Control and Prevention and the Superintendent of Insurance assessing the impact of the application on the health care system or cost of health insurance in the State. 22 M.R.S.A. Sec.335(5).

Notes

10-144 C.M.R. ch. 503, § 8-5