Ala. Admin. Code r. 420-4-3-.09

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-4-3-.09 - Appeal Process, Procedure And Forms

(a) An IHCW may appeal the final order of the SHO to the State Committee of Public Health (SCPH) by delivery of written notice of appeal to the SHO not more than 30 days after the date of the SHO's final order. Absent a showing of good cause, the final order of the SHO is not stayed during the pendency of the appeal. The appeal shall be heard by an administrative law judge or hearing officer, appointed by the SHO, for trial and recommended decision. All such hearings shall be conducted in accordance with Alabama Administrative Code, Chapter 420-1-3, etseq.

(b) The Hearing Officer shall make Findings of Fact, Conclusions of Law, and Recommendations to the SCPH which shall review same en banc along with the record and shall issue a final order signed by the Chairman.

(c) An IHCW or any party as defined by Alabama Administrative Code, Chapter 420-1-3 who is aggrieved by the outcome of appeal to the SCPH may file notice of further appeal in accordance with the "Alabama Administrative Procedures Act" in the circuit court of his or her county of residence or in the Circuit Court of Montgomery County within 30 days of issuance of final decision of the SCPH.

Author: John Wible, General Counsel, Alabama Department of Public Health

Ala. Admin. Code r. 420-4-3-.09

New Rule: Filed: November 18, 1994; effective December 23, 1994. Amended: Filed November 7, 1995; effective December 22, 1995.

Statutory Authority:Code of Ala. 1975, Sections 22-2-2(6), 22-11A-2, 22-11A-7, 22-11A-13, 22-11A-14(g), and 22-11A-70.