10A NCAC 14C .0502       WITHDRAWAL OF A CERTIFICATE

(a)  Before the agency withdraws a certificate of need, pursuant to G.S. 131E-189, it shall give the holder an opportunity to demonstrate why the certificate of need should not be withdrawn.

(b)  Ownership of a certificate of need is transferred when any person acquires a certificate from the holder by purchase, donation, lease, trade, or any comparable arrangement, except that ownership of a certificate of need is not transferred when:

(1)           the holder of the certificate is a corporation and the identity of the holder changes because of a corporate reorganization; or

(2)           the holder of the certificate is a partnership and the identity of the holder changes because the same partners reorganize as a new partnership.

(c)  Control of a certificate of need is transferred when any person acquires a majority interest in the facility, project or holder or any parent entity of the facility, project or holder.

(d)  "Parent entity" means any person that directly or indirectly controls the facility, project or holder of a certificate.

(e)  A transfer of ownership or control of a facility, project, or certificate shall not be grounds for the withdrawal of the certificate of need, pursuant to G.S. 131E-189, if the transfer occurs after the completion of the project or the operation of the facility.

 

History Note:        Filed as a Temporary Amendment Eff. October 10, 1990, for a Period of 142 Days to Expire on February 28, 1991;

Authority G.S. 131E-177; 131E-189;

Eff. October 1, 1981;

Amended Eff. November 1, 1996; March 1, 1991; January 1, 1990.