Ohio Administrative Code Title 3702 - State Certificate of Need Review Board
Here’s a detailed overview of Ohio Administrative Code – Title 3702: State Certificate of Need Review Board, the administrative rules governing Ohio’s CON (Certificate of Need) program:
📘 Overview of Title 3702
Structure of the Code
Title 3702 comprises two chapters:
Chapter 3702‑1: Notice (§ 3702‑1‑01 to § 3702‑1‑03)
Lays out public notification requirements, hearing schedules, and how the public is informed about CON proceedings. (law.cornell.edu)
Chapter 3702‑2: General Provisions (§ 3702‑2‑01 to § 3702‑2‑26)
Covers definitions, board composition, procedures, fee structures, penalties, appeals, monitoring, and enforcement related to CON activities. (law.cornell.edu)
Key Provisions in Chapter 3702‑2
Definitions
Defines terms such as “certificate of need,” “applicant,” “service area,” and “affected person.” (codes.ohio.gov)
Board Authority & Processes
Explains how the CON Review Board reviews applications, issues determinations of reviewability, and conducts standard or expedited reviews. (law.cornell.edu, codes.ohio.gov)
Application Requirements & Fees
Applications must use prescribed forms, include capital plans, and follow timelines.
Fees are set via rule and fund the CON program. (codes.ohio.gov)
Timelines and Deadlines
Rulings on reviewability within 45 days (30 for expedited).
Completeness determination within 30 days (14 for expedited).
Certificate granted/denied within 60 days or 45 for expedited reviews. (law.cornell.edu)
Conditions, Monitoring & Compliance
Certificates may include conditions.
Relocated long-term care beds have specific rules.
Certificates are routinely monitored for continued compliance over five years. (ohrules.elaws.us, codes.ohio.gov)
Violations & Penalties
Prohibits unapproved reviewable activities.
Investigations and subpoenas possible.
Civil penalties: minimum $3,000, up to $250,000, and potential application bans for 1–3 years. (codes.ohio.gov, registerofohio.state.oh.us)
Appeals & Hearings
Applicants and affected persons can appeal to the board or through formal hearings.
Some adjudicative procedures have been rescinded (e.g. § 3702‑2‑04 was rescinded in 2011). (law.cornell.edu)
Context & Connection to Ohio Revised Code
Title 3702 aligns with Ohio Revised Code §§ 3702.51–.62, which establish the legal framework for certificates of need. The administrative rules operationalize those statutes and mirror the code. (odh.ohio.gov)
🧭 Summary Table
| Chapter | Content |
|---|---|
| 3702‑1 | Notice procedures for public hearings and meetings |
| 3702‑2 | Core rules: definitions, processes, fees, penalties, monitoring, appeals |
✅ How to Dive Deeper
Let me know if you'd like:
A full summary of a specific section (e.g., § 3702‑2‑02 definitions or § 3702‑2‑26 enforcement)
The latest effective dates or updates to particular rules
A comparison to state law (ORC) or other states’ CON regulations
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