(a) The Department of Community Health, established under Chapter 5A of this title, is authorized to administer the certificate of need program established under this chapter and, within the appropriations made available to the department by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Health Strategies Council and approved by the board. The department shall provide, by rule, for procedures to administer its functions until otherwise provided by the Board of Community Health.

(b) The functions of the department shall be:

(1) To conduct the health planning activities of the state and to implement those parts of the state health plan which relate to the government of the state;

(2) To prepare and revise a draft state health plan for submission to the Health Strategies Council for adoption and submission to the Governor;

(3) To assist the Health Strategies Council in the performance of its functions;

(4) With the prior advice, comment, and recommendations of the Health Strategies Council, except with respect to emergency rules and regulations, to adopt, promulgate, and implement rules and regulations sufficient to administer the provisions of this chapter including the certificate of need program;

(5) To define, by rule, the form, content, schedules, and procedures for submission of applications for certificates of need and periodic reports;

(6) To establish time periods and procedures consistent with this chapter to hold hearings and to obtain the viewpoints of interested persons prior to issuance or denial of a certificate of need;

(7) To provide, by rule, for such fees as may be necessary to cover the costs of preparing the record for appeals before the hearing officers and review board of the decisions of the department, which costs may include reasonable sharing between the department and the parties to appeal hearings;

(8) To provide, by rule, for a reasonable and equitable fee schedule for certificate of need applications;

(9) To grant, deny, or revoke a certificate of need as applied for or as amended; and

(10) To perform powers and functions delegated by the Governor, which delegation may include the powers to carry out the duties and powers which have been delegated to the department under Section 1122 of the Social Security Act of 1935, as amended.