W. Va. Code R. § 65-7-20 - Progress Reports/Extension of Certificate of Need

20.1. Any person holding a certificate of need or who has been granted an exemption shall submit to the board, in writing, a report on the progress being made toward completion of the approved project according to the timetable contained in the application. The progress report must contain a verification signed by the Chief Executive Officer and shall be submitted at least forty-five (45) days prior to the expiration of the certificate of need or exemption, or at any other time directed by the board. The report shall include, at a minimum, the following:

20.1.a. The current status of the project in relation to the timetable in the application;

20.1.b. The projected date of completion;

20.1.c. The cause or causes of any delays encountered;

20.1.d. Changes in the project, including any proposed changes for which a request is made for the board to determine whether the proposed change is reviewable as a substantial change or that an exemption previously granted should be withdrawn and the applicant be required to obtain a certificate of need for failure to meet the requirements of the exemption;

20.1.e. The projected total cost; and

20.1.f. Compliance with any conditions of certification.

20.2. Any person holding a certificate of need or exemption shall submit any additional information requested by the board.

20.3. The creation of shelled in space shall not be considered completion of the project unless explicitly permitted in the board's decision granting the certificate of need.

20.4. The board may not impose new conditions which are unrelated to the representations made by the applicant.

20.5. Any failure to submit a complete and timely progress report is sufficient grounds for the board to determine that any future certificate of need application is not complete or for the board to refuse to approve any increase in rates.

20.6. The applicant shall incur an obligation for a capital expenditure associated with an approved project or exemption within twelve (12) months of issuance of the certificate of need or exemption, unless the board has approved a timetable for the obligation of a series of obligations for capital expenditures for discrete components to be incurred over a period longer than twelve (12) months. If the board has approved a timetable for the obligation of a series of obligations for capital expenditures for discrete components to be incurred over a period longer than twelve (12) months, the applicant shall incur the obligation for the first component within twelve (12) months after the issuance of the certificate of need or exemption.

20.7. Upon good cause shown, the board may extend the duration of a certificate of need or exemption for up to six (6) months. If the obligation required to be incurred by subsection 20.6 of this rule is not incurred within eighteen (18) months of the issuance of the certificate of need or exemption, the certificate or exemption automatically expires.

20.8. If the obligation required to be incurred by subsection 20.6 of this rule is incurred within the prescribed time period, the applicant may request a renewal of the certificate of need in order to complete the project.

20.9. If a renewal review is underway, the board shall automatically extend the old certificate of need until the completion of the renewal review.

20.10. The board may grant a renewal of the certificate of need for time periods that are determined appropriate.

20.11. If a request for renewal of a certificate of need is not made before its expiration, the certificate automatically expires. For good cause shown, the board may waive the effect of this subsection and permit the extension of the certificate of need during the renewal review period.

Notes

W. Va. Code R. § 65-7-20