State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-189

§ 131E‑189. Withdrawal of a certificate of need.

(a)        The Department shall specify in each certificate of need thetime the holder has to make the service or equipment available or to completethe project and the timetable to be followed. The timetable shall be the oneproposed by the holder of the certificate of need unless the Departmentspecifies a different timetable in its decision letter. The holder of thecertificate shall submit such periodic reports on his progress in meeting thetimetable as may be required by the Department. If no progress report isprovided or, after reviewing the progress, the Department determines that theholder of the certificate is not meeting the timetable and the holder cannotdemonstrate that it is making good faith efforts to meet the timetable, theDepartment may withdraw the certificate. If the Department determines that theholder of the certificate is making a good faith effort to meet the timetable,the Department may, at the request of the holder, extend the timetable for aspecified period.

(b)        The Department may withdraw any certificate of need, if theholder of the certificate fails to develop the service in a manner consistentwith the representations made in the application or with any condition orconditions the Department placed on the certificate of need.

(c)        The Department may immediately withdraw any certificate ofneed if the holder of the certificate, before completion of the project oroperation of the facility, transfers ownership or control of the facility, theproject, or the certificate of need. Any transfer after that time will besubject to the requirement that the service be provided consistent with therepresentations made in the application and any applicable conditions theDepartment placed on the certificate of need. Transfers resulting from death orpersonal illness or other good cause, as determined by the Department, shallnot result in withdrawal if the Department receives prior written notice of thetransfer and finds good cause. Transfers resulting from death shall not resultin withdrawal. (1977, 2nd Sess.,c. 1182, s. 2; 1981, c. 651, s. 12; 1983, c. 775, s. 1; 1987, c. 511, s. 1;1993, c. 7, s. 10.)