Title 31, Chapter 6, Section 45
( 31-6-45)
(a) The department may revoke a certificate of need after notice to
the holder of the certificate and a fair hearing pursuant to Chapter
13 of Title 50, the "Georgia Administrative Procedure Act," for the
following reasons: (1) Failure to comply with the provisions of Code Section 31-6-41; or (2) The intentional provision of false information to the
department by an applicant in that applicant's application. The department may not, however, revoke a certificate of need if the
applicant changes the defined location of the project within the
same county less than three miles from the location specified in the
certificate of need for financial reasons or other reasons beyond
its control, including but not limited to, failure to obtain any
required approval from zoning or other governmental agencies or
entities, provided such change in location is otherwise consistent
with the considerations and rules applied in the evaluation of the
project. (b) Any health care facility offering a new institutional health
service without having obtained a certificate of need and which has
not been previously licensed as a health care facility shall be
denied a license to operate. (c) In the event that a new institutional health service is
knowingly offered or developed without having obtained a certificate
of need as required by this chapter, or the certificate of need for
such service is revoked according to the provisions of this Code
section, a facility or applicant may be fined an amount not to
exceed $5,000.00 per day for every day that the violation of this
chapter has existed and knowingly and willingly continues; provided,
however, that the expenditure or commitment of or incurring an
obligation for the expenditure of funds to take or perform actions
not subject to this chapter or to acquire, develop, or prepare a
health care facility site for which a certificate of need
application is denied shall not be a violation of this chapter and
shall not be subject to such a fine. The commissioner of the
department shall determine, after notice and a hearing, whether the
fines provided in this Code section shall be levied. (d) In addition, for purposes of this Code section, the State of
Georgia, acting by and through the department, or any other
interested person, shall have standing in any court of competent
jurisdiction to maintain an action for injunctive relief to enforce
the provisions of this chapter. |