{"data":{"id":"us-ky/krs-216b.086","jurisdiction":"us-ky","citation":"KRS 216B.086","heading":"Revocation of certificate of need -- Hearings -- Prohibition against ex","body":"parte contacts.\n(1) The cabinet may revoke a certificate of need, or portion thereof, for failure of the\nholder of the certificate to implement the project in accordan ce with timetables and\nstandards for implementation established by administrative regulation of the\ncabinet; however, for projects involving long -term care beds, the cabinet may\nrevoke any certificate granted which is not implemented within twenty -four (24 )\nmonths or within any six (6) month reporting interval during which there is not\nsatisfactory progress in meeting the project timetable and shall revoke any\ncertificate granted which is not implemented within thirty -six (36) months except\nfor those projec ts specified as an exception pursuant to Executive Order 96 -129 in\nwhich case those projects shall be implemented according to the intervals and\ntimetable set forth in this section, as of the effective date of Medicaid funding in the\nbiennial budget for th ose projects. The administrative regulation for projects\ninvolving long-term care beds shall be based on project completion in twenty -four\n(24) months and shall specify criteria for measuring implementation of project\nobjectives at six (6) month reporting intervals. If, at any six (6) month reporting\nperiod, the certificate holder is able to show good cause as to why a project failed to\nmeet its timetables, an extension of six (6) months may be granted to meet that\nparticular timetable. The burden of proof shall be on the certificate holder. An\nextension may be granted beyond a total of thirty -six (36) months, only if the\napplicant requests that the cabinet grant an additional six (6) month extension\nbeyond the initial thirty -six (36) month completion period  and shows good cause.\nFor purposes of this section, there shall be deemed to be \"good cause\" if the project\ncan be completed within the additional six (6) month period. In no case shall an\nextension be granted beyond a total of forty -two (42) months. The holder of the\ncertificate of need shall file with the cabinet the name and business address of all\nowners, investors, and stockholders in the project whose ownership interest is\ngreater than ten percent (10%). All reports submitted by the certificate holde r under\nthis subsection shall be considered a public record in accordance with the Kentucky\nOpen Records Law, KRS 61.870 to 61.884.\n(2) The cabinet shall give notice to the holder of the certificate of its initial decision to\nrevoke the certificate of need  or portion thereof. The cabinet's initial decision to\nrevoke a certificate of need or portion thereof shall become final after thirty (30)\ndays unless a hearing is requested. The secretary shall give notice to the holder of\nthe certificate of a decision w hich has become final under the provisions of this\nsubsection.\n(3) The holder of the certificate of need to be revoked may request in writing a public\nhearing in respect to an initial decision by the cabinet to revoke a certificate of need\nwithin thirty (30) days of the date of notice of the initial decision. Failure to request\na hearing shall constitute a waiver of any right to reconsideration or judicial appeal\nof a final cabinet decision to revoke a certificate of need.\n(4) The hearing shall be before a person designated by the Office of Administrative\nHearings within the Department of Law to be the hearing officer. The hearing shall\nbe no later than thirty (30) days after the request for the hearing is filed.\n(5) If a hearing is requested, the Office of Administrative Hearings within the\nDepartment of Law shall set a date, time, and place for a public hearing.\nReasonable notice of the hearing shall be given to all affected persons in\naccordance with administrative regulations promulgated by the cabinet.\n(6) At the hearing, any party to the proceedings shall have the right to be represented\nby counsel and to present oral or written arguments and evidence relevant to the\nrevocation of the certificate of need and may conduct reasonable cross -examination\nunder oath of persons who testify. A full and complete record shall be maintained\nof the hearing, and all testimony shall be recorded but not be transcribed unless the\ncabinet's final decision is appealed pursuant to this chapter.\n(7) After the issuance of an i nitial decision to revoke a certificate of need and before a\nfinal decision is made, no person shall have ex parte contacts with employees of the\ncabinet regarding the revocation. If an ex parte contact occurs, it shall be promptly\nmade a part of the record.\n(8) If a hearing is requested after notice of the cabinet's initial decision to revoke a\ncertificate of need, the Office of Administrative Hearings within the Department of\nLaw shall make a final decision within thirty (30) days after the hearing. Any f inal\ndecision revoking a certificate of need shall be made by the hearing officer in\nwriting. The cabinet shall notify the parties to the proceedings of the final decision.\n(9) Any final decision to revoke a certificate of need shall be based solely on the  record\nestablished with regard to the revocation.\n(10) Except as provided in subsection (3) of this section, reconsideration pursuant to\nKRS 216B.090 or judicial appeal pursuant to KRS 216B.115 shall be available with\nregard to a final decision of the cabinet to revoke a certificate of need.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56589","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"7c060709ec88aea2c76aec5c30649b19e7028b8a1dbc20ff3d10590eff8516d7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.085","next":"us-ky/krs-216b.090"},"notice":"GroundRules: Original legal text. Not legal advice."}