Applicability and Balancing

Applicability and Balancing. The Department shall evaluate each Certificate of Need application in accordance with applicable law, this Manual, and any applicable criteria and standards contained in the State Health Plan. Unless otherwise required by law, this Manual, or the State Health Plan, no single review criterion shall be determinative. The Department may consider and weigh applicable review criteria based upon the facts and circumstances of each application. No Certificate of Need shall be approved unless the Department determines that the proposal substantially complies with applicable law, this Manual, and the State Health Plan. In determining whether substantial compliance exists, the Department may deny an application if it determines that the application fails to satisfy one or more applicable review criteria to a degree that warrants denial.