Cal. Code Regs. Tit. 22, § 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.
Notes
2. Amendment filed 3-1-78; effective thirtieth day thereafter (Register 78, No. 9).
3. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).
4. Amendment filed 2-28-85; effective thirtieth day thereafter (Register 85, No. 9).
Note: Authority cited: Sections 437.6 and 438.6, Health and Safety Code; and Section 11180, Government Code. Reference: Section 438.6, Health and Safety Code.
2. Amendment filed 3-1-78; effective thirtieth day thereafter (Register 78, No. 9).
3. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).
4. Amendment filed 2-28-85; effective thirtieth day thereafter (Register 85, No. 9).
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