Iowa Code § 135.71
Authority to adopt rules
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
A certificate of need shall be valid for a maximum of one year from the date of issuance. Upon the expiration of the certificate, or at any earlier time while the certificate is valid the holder thereof shall provide the department such information on the development of the project covered by the certificate as the department may request. The council shall determine at the end of the certification period whether sufficient progress is being made on the development of the project. The certificate of need may be extended by the council for additional periods of time as are reasonably necessary to expeditiously complete the project, but may be revoked by the council at the end of the first or any subsequent certification period for insufficient progress in developing the project.
Upon expiration of certificate of need, and prior to extension thereof, any affected person shall have the right to submit to the department information which may be relevant to the question of granting an extension. The department may call a public hearing for this purpose.
97 Acts, ch 93, §10
The department shall adopt such administrative rules as are necessary to enable it to implement this subchapter. These rules shall include:
1. Additional procedures and criteria for review of applications for certificates of need.
2. Uniform procedures for variations in application of criteria specified by section 135.63 for use in formal review of applications for certificates of need, when such variations are appropriate to the purpose of a particular review or to the type of institutional health service proposed in the application being reviewed.
3. Uniform procedures for summary reviews conducted under section 135.66.
4. Criteria for determining when it is not feasible to complete formal review of an application for a certificate of need within the time limits specified in section 135.68. The rules adopted under this subsection shall include criteria for determining whether an application proposes introduction of technologically innovative equipment, and if so, procedures to be followed in reviewing the application. However, a rule adopted under this subsection shall not permit a deferral of more than sixty days beyond the time when a decision is required under section 135.68, unless both the applicant and the department agree to a longer deferment.
91 Acts, ch 225, §13; 2019 Acts, ch 24, §104; 2023 Acts, ch 19, §1443, 1603
C2024, §10A.722
C2026, §135.71
Section transferred from §10A.722 in Code 2026 pursuant to directive in
Unnumbered paragraph 1 amended
Subsections 2, 3, and 4 amended
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.