State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-187

§ 131E‑187.  (SeeEditor's Note.) Issuance of a certificate of need.

(a),(b)  Repealed by SessionLaws 2009‑373, s. 1, effective July 31, 2009.

(c)        The Departmentshall issue a certificate of need in accordance with the time line requirementsof this section but only after all applicable conditions of approval that canbe satisfied before issuance of the certificate of need have been met. TheDepartment shall issue a certificate of need within:

(1)        Thirty‑fivedays of the date of the decision referenced in G.S. 131E‑186, when norequest for a contested case hearing has been filed in accordance with G.S.131E‑188.

(2)        Five business daysafter it receives a file‑stamped copy of the notice of voluntarydismissal, unless the voluntary dismissal is a stipulation of dismissal withoutprejudice.

(3)        Thirty‑fivedays of the date of the written notice of the final agency decision affirmingor approving the issuance, unless a notice of appeal to the North CarolinaCourt of Appeals is timely filed.

(4)        Twenty days after amandate is issued by the North Carolina Court of Appeals affirming the issuanceof a certificate of need, unless a notice of appeal or petition fordiscretionary review to the North Carolina Supreme Court is timely filed.

(5)        Five business daysafter the North Carolina Supreme Court issues a mandate affirming the issuanceof a certificate of need or an order declining to certify the case fordiscretionary review if the order declining to certify the case disposes of theappeal in its entirety.  (1977, 2nd Sess., c. 1182, s. 2; 1983, c. 775, s. 1; 1987, c. 511, s.1; 2009‑373, s. 1.)