Ala. Admin. Code r. 410-1-11-.04

Current through Register Vol. 42, No. 8, May 31, 2024

Section 410-1-11-.04 - Failure To Commence Construction

(1) If the holder of the Certificate of Need fails to commence the construction project within the time period stated in the construction contract or to complete the construction project within the time period stated in the construction contract, then the Certificate of Need shall be terminated and shall be null and void, unless tolled or extended pursuant to statute or SHPDA rule or regulation. The completion date of the construction project specified in the construction contract may be extended by mutual agreement of the parties to the contract, without SHPDA approval. Provided SHPDA, or an Administrative Law Judge appointed by the Governor on appeal for a fair hearing, may for causes beyond the control of the holder of the Certificate of Need, upon written request, by the holder of the Certificate of Need detailing the reasons therefore, continue the Certificate of Need in force if the commencement of the construction project is delayed for a period not to exceed sixty (60) days or if during the specified construction period, the construction work should cease for not more than six (6) months, or in the event of default in the construction contract by the contractor, or if, for any cause, the construction work has not ceased or otherwise been stopped for a period exceeding sixty (60) consecutive days. Further, the Executive Director of SHPDA may, upon written request by the holder of the Certificate of Need detailing the reasons therefor, continue the Certificate of Need.

(2) All written requests filed pursuant to this rule must be filed in accordance with the provisions of Rule 410-1-3-.09.

Amended: Filed February 1, 2000; effective March 7, 2000.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/7/2016.

Author: Alva M. Lambert

Statutory Authority:Code of Ala. 1975, § 22-21-270, as amended by Act 98-341.