Section 33-03-31-08 - Certificate termination1.Grounds for termination. After notice and hearing, the department may terminate a certificate of public advantage if it is found to be more probable than not that: a. The applicants have failed to comply with material terms or conditions of thecertificate of public advantage; b. The applicants have failed to perform the terms and conditions of the cooperative agreement as represented to the department at the time of the application; or c. The likely or actual benefits to health care consumers from the cooperative agreement no longer outweigh the disadvantages attributable to a reduction in competition resulting from the agreement. 2.Complaint. If it appears that any of the grounds for certificate termination exist, the department or the attorney general may initiate administrative proceedings to revoke a certificate of public advantage by serving upon the applicants a copy of a complaint alleging sufficient facts to support termination of the certificate. 3.Procedure. Proceedings to terminate a certificate of public advantage are a contested case proceeding subject to the procedure set forth in North Dakota Century Code chapter 28-32. N.D. Admin Code 33-03-31-08
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-17.5-04