Ala. Admin. Code r. 538-X-3-.12
In the event the Commission opts to act through third-party "agents" (as provided in § 20-2A-55(d), Code of Ala. 1975, (as amended)) or representatives of a State Agency, to perform inspections, examinations, evaluations, and recommendations as to licenses, the Commission remains the primary decision maker with regard to licensing and has authority to act independently of any third-party evaluation and recommendation. This means that the Commission has discretion to act consistently with such evaluation and recommendations, to differently weigh the factors contained within such evaluation and recommendations, or to apply different factors and issue licenses based on reasons not considered by the third party, but upon such other factors as the Commission, in its discretion, may deem appropriate. Except as otherwise provided by these rules or ordered by the Commission, the Commission, AMCC Staff, and any entities or individuals contracting with the Commission or its agents, must keep confidential (as defined in 538-x-1-.02) all information and any documents obtained from any inspection, examination or evaluation of any applicant, licensee or individual in connection herewith.
Ala. Admin. Code r. 538-X-3-.12
Author: William H. Webster; Mark D. Wilkerson
Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.