Denial or revocation of certificate of need; hearing and determination

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  • (a) The Commissioner, after notice and opportunity given to the applicant to be heard, may refuse to issue a certificate of need or suspend or revoke a certificate of need, in any case in which he finds there has been a substantial failure to comply with the requirements established under this chapter.

  • (b) The notice referred to in subsection (a) of this section shall be effected by registered mail or personal service, setting forth the particular reasons for the proposed action and fixing a date not less than 30 calendar days from the date of such mailing or service, at which the applicant shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant, the Commissioner shall make a determination specifying his findings of fact and conclusions of law. A copy of the determination shall be sent by registered mail to, or served personally upon the applicant; and if it is the Commissioner's determination that a certificate of need should be suspended or revoked, he shall make written notification that such action was taken. A decision refusing to recommend the issuance of a certificate of need, or a decision to recommend the suspension or revocation of a certificate of need shall be final 30 calendar days after it is mailed or served as provided in this section unless the applicant, within such 30-day period, appeals the decision to the court as provided in section 227 of this title.

  • (c) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the Commissioner. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to section 227 of this chapter. A copy or copies of the transcript may be obtained by an interested party upon payment of the cost of preparing such copy or copies. Witnesses may be subpoenaed by either party.


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