(a) After the issuance of a certificate of need, the state agency shall periodically review the progress of the project. The state agency may withdraw the certificate of need, if the state agency determines on the basis of the review that:

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Terms Used In Hawaii Revised Statutes 323D-46.2

  • Applicant: means any person who applies for a certificate of need under part V. See Hawaii Revised Statutes 323D-2
  • Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
  • Fraud: Intentional deception resulting in injury to another.
  • State agency: means the state health planning and development agency established in § 323D-11. See Hawaii Revised Statutes 323D-2
(1) The holder of the certificate of need is not meeting the timetable specified in the approved application for the certificate of need and is not making a good faith effort to meet it; or
(2) The project being implemented differs substantially from that which was approved by the state agency.
(b) The state agency may withdraw at any time a certificate of need or an exemption from obtaining a certificate of need, if the state agency determines that the applicant procured the certificate of need or the exemption by fraud, misrepresentation, or corruption, or that the applicant submitted or caused to be submitted to the state agency false statements or information in connection with the application for the certificate of need or the exemption.
(c) The state agency shall adopt rules in conformity with chapter 91 for the withdrawal of certificates of need.

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