Iowa Code

Iowa Code § 135.70 (2026)

Period for which certificate is valid — extension or revocation

✓ current as of July 2026
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1. 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 of the certificate shall provide the department information on the development of the project covered by the certificate as the department may request. The department 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 department for additional periods of time as are reasonably necessary to expeditiously complete the project, but may be revoked by the department at the end of the first or any subsequent certification period for insufficient progress in developing the project.

2. Upon expiration of a certificate of need, and prior to extension of the certificate of need, 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. [C79, 81, §135.71] 97 Acts, ch 93, §10; 2018 Acts, ch 1041, §127; 2023 Acts, ch 19, §1443 C2024, §10A.721 2025 Acts, ch 120, §35, 40 C2026, §135.70 Section transferred from §10A.721 in Code 2026 pursuant to directive in 2025 Acts, ch 120, §40 Section amended \n

Notes of Decisions
Cited in 3 cases, 1980–2002 · leading case: Greenwood Manor v. Iowa Dep't of Pub. Health, State Health Facilities Council, 641 N.W.2d 823 (Iowa 2002).
Greenwood Manor v. Iowa Dep't of Pub. Health, State Health Facilities Council, 641 N.W.2d 823 (Iowa 2002). · cites it 3× “See Iowa Code § 135.70 ; Iowa Admin. Code r. 641-202.”
Mercy Health Ctr., a Div. of Sisters of Mercy Health Corp. v. State Health Facilities Council, 360 N.W.2d 808 (Iowa 1985). · cites it 2× “Under section 135.70 the commissioner can merely request the council to reconsider its decision and this he did.”
Northbrook Residents Ass'n v. Iowa State Dep't of Health Off. for Health Plan. & Dev., 298 N.W.2d 330 (Iowa 1980). · cites it 2× “Pursuant to section 135.70 as amended, plaintiff residents association appealed the first issuance of the certificate to the commissioner of public health.”
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