William J. Fleischaker and Donni L. Fleischaker - Page 7

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               If the planning authority issued a certificate of need, the             
          proponent had 6 months to submit a construction plan for the                 
          facility.  Once the planning authority reviewed and approved the             
          plan, construction was required to commence within 2 months after            
          the approval of the plan and had to be completed within 1 year               
          after the approval of the plan.  Failure to meet these deadlines             
          would result in forfeiture of the certificate of need.                       
               In 1980, Adult Living Centers submitted an application to               
          the planning authority for a certificate of need for the Van                 
          Orden project.  The application requested approval for                       
          construction of a new 90-bed multifunctional facility in Muskogee            
          with an estimated construction cost of $1,092,455.  Petitioner               
          was listed on the application (and introduced at the planning                
          authority's hearing on the certificate of need) as the proposed              
          medical director for the facility.                                           
               The project did not have any commitments from lenders at the            
          time the application was submitted, but the application indicated            
          that petitioner's family members were the principal interested               
          investors in the project.  The application included a letter from            
          petitioner stating that his family had reviewed the Van Orden                
          proposal and was interested in the investment opportunity.  The              
          application also included a letter from Liberty National Bank and            
          Trust Co. of Oklahoma City verifying that petitioner's family had            
          financial resources available for an investment in the Van Orden             

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