Page 83

(a) The decision of the commissioner to grant or deny a certificate of need will be made in writing in accordance with (c) of this section. In that decision, the commissioner will state, as applicable, the

(1) maximum expenditure that may be obligated for the proposed activity;

(2) bed capacity;

(3) approved capacity of other services that are expanded or added; and

(4) completion date for the proposed activity. (b) The commissioner will consider the following in making a decision to grant or deny a certificate of need:

(1) the department’s records, including the application under consideration;

(2) the department’s analysis and recommendations submitted under 7 AAC 07.060;

(3) written public comments received before the deadline set in the notice published under 7 AAC 07.052;

(4) comments received at the public meeting held under 7 AAC 07.052;

(5) the applicable provisions of AS 18.07, AS 18.20.150, this chapter, 7 AAC 12, and 7 AAC 105 — 7 AAC 160;

(6) relevant health planning documents on file with the department;

(7) any other special or extraordinary circumstances related to

(A) community access to health care, including the provision of a continuum of care in close proximity to family and community; or

(B) the feasibility of the proposed activity;

(8) whether, based on the department’s analysis and recommendations, conditions should be added to the certificate of need, including specifying a minimum period during which an activity described in the certificate must be available in the proposed service area. (c) The commissioner’s decision under this section will be made in writing within 45 days after the commissioner receives the department’s analysis and recommendations under 7 AAC 07.010, unless the commissioner

(1) requires additional information from the

(A) department staff who prepared the analysis and recommendations;

(B) department staff or other persons with expertise regarding the proposed activity; or