Withdrawal of a Certificate of Need — Revocation Procedures

Withdrawal of a Certificate of Need — Revocation Procedures. If commencement of construction or other preparation is not substantially undertaken during a valid Certificate of need period, or if the Department determines that the CON-holder is not making a good faith effort to obligate the approved expenditure, the Department shall have the right to withdraw, revoke, or rescind the Certificate pursuant to Miss. Code Ann. § 41-7-195. In considering such action, the Department shall: 1. Notify the Applicant, Affected Persons, and the general public by appropriate means that withdrawal is under consideration and the reasons therefor; 2. Afford the Applicant thirty (30) calendar days from the date of written notice to respond and, if desired, to request a public hearing. If no response is received during the thirty-day period, the Department may conclude that the Applicant concurs with the proposed action; 3. If a public hearing is requested by any Affected Party, conduct the hearing within forty-five (45) calendar days of receipt of the written request; and 4. Issue a written decision within thirty (30) calendar days following conclusion of any hearing on withdrawal. Page 41 — Mississippi State Department of Health Written notice of any hearing on withdrawal shall be provided to Affected Persons at least five (5) calendar days before the hearing and shall be published on the Department’s website. Action taken to revoke, withdraw, or rescind a CON shall be in the form of a final written order. The same appeal rights that apply to initial review of applications apply to hearings or reviews to withdraw an existing CON.