Ala. Admin. Code r. 540-X-3-.20

Current through Register Vol. 42, No. 12, September 30, 2024

Section 540-X-3-.20 - Non-Disciplinary Citation With Administrative Charge

(1) When the Board has determined that a ground for denial of an application for a certificate of qualification exists based upon the submission of false, misleading or untruthful information to the Board in connection with the application, the Board, in its discretion, may allow an applicant to submit a written request that a non-disciplinary citation with administrative charge be assessed against the applicant in lieu of a decision by the Board to deny the application.

(2) The Board may grant, if deemed appropriate, the request for an assessment of the citation with administrative charge and issue a certificate of qualification to the applicant.

(3) The written request to be submitted by the applicant shall be on a form approved by the Board and signed by the applicant.

(4) Submission of a written request form to the Board shall be accompanied by payment to the Board of the administrative charge in an amount determined by the Board which shall not exceed Ten Thousand Dollars ($10,000).

(5) Payment of the administrative charge shall be made to the Board prior to the issuance of a certificate of qualification.

(6) Upon receipt of a properly executed request form and payment of the administrative charge, the Board may issue the non-disciplinary citation and the certificate of qualification.

(7) The administrative charge is not refundable once payment is received by the Board.

(8) The imposition of a non-disciplinary citation with administrative charge is considered pubic information and is not considered a disciplinary action against the applicant, a restriction against the certificate of qualification or an adverse encumbrance against the certificate of qualification.

Ala. Admin. Code r. 540-X-3-.20

Filed May 20, 1993 for publication. See also Notice of Intended Action dated May 20, 1993 repealing existing Chapter 3. Amended: July 21, 1993; effective August 25, 1993.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 03, December 30, 2021, eff. 2/13/2022.

Rule 540-X-3-.18 was previously numbered Rule 540-X-3-.17 as of the certification filed August 21, 1996. Previous rule 18 was renumbered to .19 as per certification filed October 15, 2008; effective November 19, 2008. Rule .19 was renumbered to .20 as per certification filed May 16, 2013; effective June 20, 2013.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, § 34-24-53; Act No. 07-402.