W. Va. Code R. § 65-7-23 - Substantial Compliance Review

23.1. The board shall conduct a substantial compliance review of all new institutional health services for which it has issued a certificate of need or for which it has granted an exemption. No later than forty-five (45) days prior to licensure or the undertaking of the activity for which a certificate of need was issued or an exemption granted, the applicant shall request, in writing, that the board undertake a substantial compliance review. The request shall contain a verification signed by the Chief Executive Officer.

23.2. The board shall issue its findings as to substantial compliance within forty-five (45) days of its receipt of a request for the review. If the board finds that the project is not in substantial compliance with its certificate of need or exemption, the board may withdraw the certificate or exemption and the board may direct that any license to operate the new service be revoked or denied, or the board may impose appropriate fines and/or seek an injunction against the use or operation of the new service.

23.3. If the board determines that it would be impracticable for the applicant to prepare and submit final cost figures for the project prior to the time the project is ready to be licensed or ready to undertake the activity for which a certificate of need was issued, the board may issue a conditional notice of substantial compliance, authorizing the licensure or the undertaking of the activity, for up to twelve (12) months. The applicant shall prepare and submit documented final cost figures within the time designated by the board in its notice of substantial compliance. The board may withdraw a certificate of need if the applicant fails to submit the final cost figures within the time designated by the board. The board may impose appropriate fines and seek an injunction against the further use or operation of the new service.

Notes

W. Va. Code R. § 65-7-23