Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 186 - CERTIFICATE OF NEED PROGRAM
Subchapter 7 - POST-DECISION PROCEDURES
Section 11-186-91 - Withdrawal of certificate of need

Universal Citation: HI Admin Rules 11-186-91

Current through February, 2024

(a) At any time after a certificate of need is issued, the agency may withdraw the certificate of need if the agency determines that:

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

(2) The project being implemented differs substantially from that which was authorized by the certificate of need.

(b) The agency may withdraw at any time a certificate of need if the agency determines that the applicant procured the certificate of need by fraud, misrepresentation, or corruption, or that the applicant submitted or caused to be submitted to the agency false statements or information in correction with the application for the certificate of need.

(c) In any proceeding brought by the agency to withdraw a certificate of need, the agency shall provide notice and an opportunity for a hearing in accordance with chapter 91, Hawaii Revised Statutes.

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