105 CMR 100.630
Delegated Review
(A) The Department may appoint or direct the Commissioner to act on its behalf to take Final
Action for certain project categories designated pursuant to 105 CMR 100.630. At a minimum,
the following shall be included for delegated review and Final Action by the Commissioner:
(1) Conservation Projects;
(2) Transfer of Site or change of a designated Location;
(3) An Application for a Proposed Project on behalf of a Long-term Care Facility with a
maximum Capital Expenditure below $3,000,000;
(4) An Application deemed to be an emergency Application by the Commissioner pursuant
to 105 CMR 100.740;
(5) An Application for a Proposed Project where the Applicant is a Government Agency;
and
(6) An Application submitted from an applicant that has or is a participant in a Certified
ACO for a Proposed Project that is, in total, a DoN-required Service or DoN-required
Equipment.
(B) The Department may delegate other categories provided that such delegation is documented
and made public consistent with 105 CMR 100.405(A).
(C) The Commissioner may choose, in his or her discretion, to direct the preparation of a Staff
report and refer certain Applications eligible for delegated review to the Department for
consideration and Final Action.