Maine § 22 §339 Review process; public hearing

Maine Statutes

§ 22 §339 — Review process; public hearing

Maine § 22 §339

Title 22HEALTH AND WELFARE

Part 1ADMINISTRATION

Ch. 103-ACERTIFICATE OF NEED

This text of Maine § 22 §339 (Review process; public hearing) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 22, § 22 §339 (2026).

Text

1.Review process. The review process consists of an evaluation of the project application for a certificate of need by the department in light of:

2.Public hearing. The following provisions apply to a public hearing under this chapter.

3.Preliminary staff analyses. As soon as practicable, the department staff shall provide the preliminary analyses of the application and the record to the applicant, the commissioner and any person who requests the analyses and record. Notice of the availability of the analyses must be published in a newspaper in general circulation in Kennebec County and a newspaper of general circulation serving the area in which the project is to be located and on the department's publicly accessible site on the Internet.

4.Final department staff analysis. A final dep

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1.
Review process.
The review process consists of an evaluation of the project application for a certificate of need by the department in light of:
2.
Public hearing.
The following provisions apply to a public hearing under this chapter.
3.
Preliminary staff analyses.
As soon as practicable, the department staff shall provide the preliminary analyses of the application and the record to the applicant, the commissioner and any person who requests the analyses and record. Notice of the availability of the analyses must be published in a newspaper in general circulation in Kennebec County and a newspaper of general circulation serving the area in which the project is to be located and on the department's publicly accessible site on the Internet.
4.
Final department staff analysis.
A final department staff analysis must be submitted to the commissioner, together with the documentary record described in section 335, subsection 2, as soon as practicable after the closing of the record.
5.
Reviews.
To the extent practicable, a review must be completed and the commissioner shall make a decision within 60 days after the application has been certified as complete by the applicant for a simplified review, or within 90 days for an expanded review. The department shall establish criteria for determining when it is not practicable to complete a review within these time frames. Whenever it is not practicable to complete a review within these time frames, the department may extend the review period for up to an additional 30 days.
6.
Public necessity.
The department may delay action on an otherwise complete application for up to 120 days from the time the application has been certified as complete by the applicant if the department finds that a public necessity exists. The department shall provide written notice of the delay to the applicant and any other person who has requested in writing information regarding the application. For purposes of this subsection, the department shall find that a public necessity exists if:

Legislative History

PL 2001, c. 664, §2 (NEW). PL 2009, c. 383, §12 (AMD). PL 2011, c. 424, Pt. D, §§3-5 (AMD). PL 2011, c. 424, Pt. E, §1 (AFF). PL 2011, c. 648, §§19-22 (AMD).