Expiration of Certificates.

22 CCR 90705

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22 CCR 90705

§ 90705. Expiration of Certificates.

(a)

A certificate of need or a certificate of exemption shall expire 18 months after the effective date unless one of the following occurs:

(1)

The certificate holder has commenced the project covered by the certificate and is diligently pursuing the project to completion as determined by the Office.

(A)

Commencement of the project for purposes of this subsection shall mean that the applicant has executed a written contract for completion of the project or has submitted to the Office preliminary drawings and outline specifications which fully comply with applicable requirements of Title 24.

(B)

Diligently pursuing the project to completion for purposes of this section means that the project is progressing toward completion according to a reasonable time schedule and, where applicable, that construction of the project has commenced in accordance with the schedule submitted in the application for the certificate.

(2)

The expiration date of the certificate has been extended by the Director upon a showing of good cause in accordance with Subsection (c). Extension shall not cumulatively exceed a total of 12 months beyond the original expiration date of the certificate.

(b)

A certificate of exemption issued under Health and Safety Code Section 437.117 shall expire 12 months after issuance unless the project has been completed or the expiration date has been extended in accordance with subdivision (c). For purposes of this subdivision, completion of the project shall be the date the Department of Health Services approves the equipment or space for use. In order for the project to be determined complete for the purposes of this section, the facility must submit evidence of completeness to the Office of Statewide Health Planning and Development.

(c)

The Director may extend the time for commencement or completion of a project if the holder of the certificate satisfies the Director that the delay is the result of an unpreventable or unexpected occurrence such as an emergency, strike, disaster, unforeseen shortage of materials, required governmental agency review or other such unforeseen event.

(d)

Applicants requesting extensions under this section shall submit a request at least 30 days prior to the expiration date of the certificate.

(e)

Before making a final determination that a certificate of need or a certificate of exemption has expired, the Office shall afford an opportunity for a hearing to any applicant whose certificate of need or certificate of exemption appears to have expired.

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