W. Va. Code R. § 65-7-24 - Withdrawal of Certificate of Need

24.1. The board may withdraw a certificate of need for any of the following reasons:

24.1.a. Insufficient progress in meeting the timetable specified in the approved application for the certificate and for not making a good faith effort to meet it in developing the project;

24.1.b. Noncompliance with any conditions of certification;

24.1.c. A substantial change in an approved new institutional health service for which the board has not issued a certificate of need;

24.1.d. A material misrepresentation by an applicant upon which the board relied in making its decision; or

24.1.e. Other reasons contained in the Act or this rule.

24.2. After the commencement of a hearing on the board's proposal to withdraw a certificate of need, and before a final decision is issued, there may be no ex parte contacts between the holder of the certificate, any person acting on behalf of the holder, or any person in favor of or in opposition to the withdrawal of the certificate and any member of the board or its staff or agents who exercise responsibility respecting the withdrawal of the certificate.

24.3. In the case of a proposed withdrawal of a certificate, the board shall follow the notification of review provisions, the public hearing provisions, the notification of the status of review and finding provisions, the annual report provisions, the reconsideration provisions, the conditional decision provisions and the notification of decision and findings provisions of the Act and this rule.

24.4. An applicant may appeal the withdrawal of a certificate of need pursuant to section 18 of this rule.

Notes

W. Va. Code R. § 65-7-24