HCA Crossroads Residential Centers, Inc. v. North Carolina Department of Human Resources

MITCHELL, Justice.

The controlling issue before this Court is whether the Department of Human Resources (“Department”) lost subject matter jurisdiction when it failed to act, within the time prescribed by law, on applications for certificates of need for construction of chemical dependency treatment facilities. We conclude that when the prescribed statutory review period ended with the Department having failed to act, the Department was deemed as a matter of law to have decided in favor of issuing the certificates of need and it lost subject matter jurisdiction to do anything but issue those…