Okla. Stat. tit. 63, § 63-1-857

construction - Time for acquisition.

A. 1. A certificate of need issued pursuant to the provisions

of the Long-term Care Certificate of Need Act for the construction

or establishment of a new long-term care service or the expansion of

an existing service shall be valid for a period of six (6) months

during which time the applicant shall submit to the State Department

of Health the plans and specifications for the facility to be

constructed; however, the Department may extend such time by a

period not to exceed twelve (12) months for extraordinary

circumstances beyond the control of the applicant.

2. If no such plans and specifications are submitted within the

time required by this section, then such certificate shall be null

and void.

3. If plans and specifications are submitted, the Department

shall approve or disapprove such plans and specifications within

thirty (30) days of the filing or such plans and specifications

shall be presumed to be approved.

4. If the Department disapproves the plans and specifications,

such disapproval shall include a detailed statement of the

corrections needed.

5. The State Board of Health shall provide by rule the review

process and time deadlines not exceeding twelve (12) months for

approval or disapproval and resubmittal of initial, final and

corrected plans and specifications. The applicant’s failure to meet

the review process deadlines promulgated by the Board shall render

the certificate of need void.

6. The applicant must begin construction of the structure

within twelve (12) months following the approval of the final plans

and specifications and must proceed to complete the structure within

eighteen (18) months of the approval from the beginning of

construction or the certificate will be canceled. However, the

Department may extend such completion day by a period not to exceed

twenty-four (24) months for good cause upon the applicant’s

demonstration that the applicant has made a good faith effort to

complete the structure or modifications and that the delay is

unlikely to result in harm to the population to be served by the

applicant.

B. A certificate of need issued pursuant to the provisions of

this act for the acquisition of a long-term care facility shall be

valid for a period of six (6) months by which time the acquisition

must be finalized, provided that the Department may extend such

final date by a period not to exceed twelve (12) months for good

cause.

C. Pending the appeal of an order granting a certificate of

need in the district or Supreme Court, the effective dates of

deadlines for submitting plans, filing reports, completion of the

Oklahoma Statutes - Title 63. Public Health and Safety Page 505

project and other requirements related to such project shall

commence on the date of a final judicial determination of any such

appeal, and any certificate of need which has been approved by the

Department shall remain in effect pending such appeal. The

effective date of the issuance of a certificate of need shall be the

date of a final judicial determination of any such appeal. The

provisions of this subsection shall have prospective and

retrospective application.