Ala. Admin. Code r. 281-2-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 281-2-1-.07 - Application Review

The Director shall review the application for certification as a CAPCO, including the organizational documents and business history, and the application for recertification and participation in program two of each applicant and shall ensure that the applicant satisfies the requirements of the Act and these regulations.

(1) Not later than the thirtieth (30th) day after the date an application is filed, the Director shall either issue the certification or refuse to issue the certification and communicate in detail to the applicant the grounds for the refusal, including suggestions for the removal of these grounds. If an applicant submits an amended application within fifteen (15) days of receipt of refusal from the ADO, the ADO shall have fifteen (15) days from the receipt of such amended application by which to communicate its approval or refusal of such amended application to the applicant. The ADO shall review and approve or reject applications in the order submitted, and in the event more than one (1) application is received by the ADO on any date, all such applications shall be reviewed and approved or refused simultaneously, except in the case of incomplete applications or applications for which additional information is requested by the ADO and is not supplied by the applicant within the allowable time limits established by the ADO.

(2) Any certification issued by the ADO shall be, and shall so state, that the certification is contingent upon the accuracy and continuing accuracy of all information submitted as part of the application. The certification issued by the ADO shall be effective from the date of issuance and shall continue until such time as the CAPCO has been decertified pursuant to the Act or these regulations, whether such decertification is a result of the CAPCO's annual review or otherwise.

(3) An applicant whose application is refused may file an amended application in accordance with the provisions of the Act or these regulations

(4) The ADO may, in its discretion, issue certification to an applicant that is contingent upon the fulfillment of certain requirements, including, but not limited to, the provision of additional information and the hiring of a key employee to meet the requirements set forth herein. If these requirements are not fulfilled as specified by the ADO, the ADO may decertify the CAPCO.

F. Neal Wade

Ala. Admin. Code r. 281-2-1-.07

New Rule: Filed July 25, 2003; effective August 29, 2003. Amended: Filed February 6, 2008; effective March 12, 2008.

Statutory Authority:Code of Ala. 1975, as amended; Act 2002-429.