Voluntary Surrender

Voluntary Surrender. A CON-holder may voluntarily surrender an approval by submitting written notice to the Department at any time before project completion as defined in Rule 6.22 of this Manual. The notice of voluntary surrender shall: A. Identify the Certificate of Need being surrendered, including the CON number and approved project description; B. State the reason for the surrender; and Page 58 — Mississippi State Department of Health C. Certify that no construction, renovation, equipment acquisition, or other capital expenditure has been undertaken under the CON in violation of applicable law, or if such activities have been undertaken, describe their current status. Upon receipt of a written notice of voluntary surrender that satisfies the requirements of this rule, the Department shall acknowledge the surrender in writing. The CON shall be deemed relinquished as of the date of the Department’s written acknowledgment. Voluntary surrender shall not constitute a finding of violation, non-compliance, or wrongdoing on the part of the CON-holder and shall not be used as evidence against the holder in any subsequent proceeding, unless the surrender is accompanied by evidence of fraud, misrepresentation, or willful violation of applicable law. Voluntary surrender of a CON does not preclude the former holder from submitting a new application for a CON in the future, subject to applicable law and rules in this Manual regarding applications unacceptable for review.