Section 127245 Of Chapter 1. Health Planning From California Health And Safety Code >> Division 107. >> Part 2. >> Chapter 1.
127245
. (a) The undertaking of a project that requires a
certificate of need, as provided in this chapter, without having
first obtained a certificate of need shall (1) constitute grounds for
revocation or denial of licensure, and (2) shall be deemed a
violation of Section 1253.
In addition, the state department may assess and collect a civil
penalty from any person undertaking a project without a certificate
of need. For projects requiring a certificate of need pursuant to
subdivision (a) of Section 127170, the civil penalty shall not be
more than five thousand dollars ($5,000). For projects requiring a
certificate of need pursuant to subdivisions (b), (c), (d), or (e) of
Section 127170, the civil penalty shall be two thousand five hundred
dollars ($2,500) or 20 percent of the cost of the project, whichever
is less.
(b) A certificate of need shall expire 18 months from the date of
issuance unless:
(1) The certificate holder has commenced the project covered by
the certificate of need and is diligently pursuing the same to
completion, as determined by the state department; or
(2) The duration of the certificate of need has been extended by
the state department upon a showing of good cause. However, an
extension shall not cumulatively exceed a period of 12 months beyond
the original expiration date of the certificate of need.