Georgia Code
Article 3 - Certificate of Need Program
§ 31-6-45. Revocation of Certificate of Need; Enforcement of Chapter; Regulatory Investigations and Examinations

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.
(a.1) The department may revoke a certificate of need, in whole or in part, after notice to the holder of the certificate and a fair hearing pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” if the services or units of services for which the certificate of need was issued are not implemented in a timely manner, as established by the department in its rules. This subsection shall apply only to certificates of need issued on or after July 1, 2008.
History. Code 1981, § 31-6-45 , enacted by Ga. L. 1983, p. 1566, § 1; Ga. L. 1991, p. 1871, § 7; Ga. L. 1999, p. 296, § 22; Ga. L. 2008, p. 12, § 1-1/SB 433; Ga. L. 2009, p. 8, § 31/SB 46.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1985, a comma was deleted following “denied” near the end of the first sentence of subsection (c).
Pursuant to Code Section 28-9-5, in 1999, “commissioner” was substituted for “executive director” in the last sentence of subsection (c).
Editor’s notes.
Ga. L. 2008, p. 12, § 3-1/SB 433, not codified by the General Assembly, provides that the amendment to this Code section shall only apply to applications submitted on or after July 1, 2008.
Law reviews.
For annual survey on administrative law, see 69 Mercer L. Rev. 15 (2017).

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