§323D-46.2  Withdrawal of a certificate ofneed.  (a)  After the issuance of a certificate of need, the state agencyshall periodically review the progress of the project.  The state agency maywithdraw the certificate of need, if the state agency determines on the basisof the review that:

(1)  The holder of the certificate of need is notmeeting the timetable specified in the approved application for the certificateof need and is not making a good faith effort to meet it; or

(2)  The project being implemented differssubstantially from that which was approved by the state agency.

(b)  The state agency may withdraw at any timea certificate of need or an exemption from obtaining a certificate of need, ifthe state agency determines that the applicant procured the certificate of needor the exemption by fraud, misrepresentation, or corruption, or that theapplicant submitted or caused to be submitted to the state agency falsestatements or information in connection with the application for the certificateof need or the exemption.

(c)  The state agency shall adopt rules inconformity with chapter 91 for the withdrawal of certificates of need. [L 1980,c 75, §20]