15 Miss. Code. R. 9-91-6.4

Current through January 14, 2025

Rule 15-9-91-6.4 - EXPIRATION OF A CON

The valid period for a CON is that period stated on the CON or any subsequent extension approved by the State Health Officer. A CON holder is only authorized to proceed on the CON project including making expenditures during the valid period of a CON or any extension of the valid period. Once a CON is no longer in a valid period or any extension thereof, the CON is expired and void and the CON holder no longer has any authority under the CON and must refrain from taking any action under the expired CON. In addition, if a CON holder fails to request Department approval for an extension prior to the CON's expiration date, the CON shall be automatically void by operation of law, and shall not require any action on the part of the Department to withdraw, revoke or rescind the certificate. If the Department denies a request for a six-month extension, then the Department shall afford the CON holder fifteen (15) calendar days notice within which to request a hearing.

1. If a public hearing is requested, the Department will conduct the hearing within forty-five (45) calendar days of receipt of the written request, utilizing the "Hearing During the Course of Review" procedures to the extent practicable.

2. A written request for such hearing must be received by the Department no later than fifteen (15) calendar days from the date of notice and must be accompanied by the $6,000 hearing fee.

3. The State Health Officer will render his/her written decision within thirty (30) calendar days following conclusion of any hearing on denial of the six-month extension request of the Certificate of Need.

15 Miss. Code. R. 9-91-6.4

Adopted 3/2/2017

Amended 4/9/2017

Amended 9/1/2019

Amended 11/13/2023