Montana § 50-5-305 Period Of Validity Of Approved Application

Montana Statutes

§ 50-5-305 — Period Of Validity Of Approved Application

Montana § 50-5-305

Title 50HEALTH AND SAFETY

Ch. 5HOSPITALS AND RELATED FACILITIES

Part 3Certificate of Need

This text of Montana § 50-5-305 (Period Of Validity Of Approved Application) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 50-5-305 (2026).

Text

50-5-305 . Period of validity of approved application.

(1)A certificate of need expires:

(a)1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction;

(b)1 year after the date the project is commenced plus the estimated period of time for completion shown in the application if the approved project is not complete; or

(c)when the department determines, after opportunity for a hearing, that the holder of the certificate of need has violated the provisions of this chapter, rules adopted under this chapter, or the terms of the certificate of need.

(2)For purposes of subsection (1)(a), if a reconsideration hearin

Free access — add to your briefcase to read the full text and ask questions with AI

50-5-305 . Period of validity of approved application. (1) A certificate of need expires:
(a) 1 year after the decision to issue it is final if the applicant has not commenced construction on a project requiring construction or has not incurred an enforceable capital expenditure commitment for a project not requiring construction;
(b) 1 year after the date the project is commenced plus the estimated period of time for completion shown in the application if the approved project is not complete; or
(c) when the department determines, after opportunity for a hearing, that the holder of the certificate of need has violated the provisions of this chapter, rules adopted under this chapter, or the terms of the certificate of need.
(2) For purposes of subsection (1)(a), if a reconsideration hearing is granted or an appeal filed under 50-5-306 , the final decision will be that following the hearing or resolving the appeal.
(3) The holder of an unexpired certificate of need subject to expiration under the circumstances specified in subsection (1)(a) or (1)(b) may apply to the department to extend the term of the certificate of need for one additional period not to exceed 6 months. The department may grant an extension upon the applicant's demonstrating good cause as defined by department rule.

Legislative History

En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(5); amd. Sec. 15, Ch. 347, L. 1979; amd. Sec. 5, Ch. 329, L. 1983; amd. Sec. 5, Ch. 477, L. 1987; amd. Sec. 7, Ch. 93, L. 1997.