Ala. Admin. Code r. 545-X-4-.01

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

Section 545-X-4-.01 - Rules For Processing Of Appeals To The Medical Licensure Commission

(1) Time for Appeal. Notice of appeal must be initiated in writing and directed to the Commission and filed within thirty (30) days from the date of the letter of notice of the Board of Medical Examiners denying an application for an initial certificate of qualification, an application for reinstatement of a certificate of qualification, or an application for removal of voluntary restrictions to a certificate of qualification.

(2) Scope of Appeal. The appeal to the Commission shall not be a hearing de novo, but shall be limited to consideration of the record of the proceedings before the Board. In the event the Commission, based upon its examination of the record as a whole, finds the applicant is qualified for licensure, then the Commission may order the Board to issue a certificate of qualification to the applicant. In the event the appeal grows out of a denial by the Board for removal of a voluntary restriction to his or her certificate of qualification (as provided in Code of Ala. 1975, § 34-24-360(g), the Commission shall have the right to affirm the Board's action, or order the Board to modify its action as the Commission deems appropriate. For good cause, and within the discretion of the Commission, the appellant may, upon application, be permitted to supplement the record on appeal, upon a showing that the evidence was newly discovered or was not reasonably available to the appellant at the time of the hearing before the Board. In the event that such application is granted, the Board shall be afforded an opportunity to respond or to refute such evidence.

(3) Record on Appeal. The record on appeal shall consist of:

(a) A verbatim transcript of the proceedings before the Board, including the testimony of witnesses, statements of the appellant and/or counsel, and statements of the Board;

(b) Copies of all documents introduced into evidence at the hearing and considered by the Board in reaching its determination; and

(c) Copies of all pleadings, motions, briefs and arguments, or other documents filed before the Board in connection with the hearing.

(d) It shall be the responsibility of the appellant, at his expense, to ensure the complete and accurate preparation of the record on appeal, and to assure that one copy is filed with the Commission in a timely manner. The Board shall be required to furnish, at a reasonable rate based on the actual cost, copies of all documents in the possession of the Board which constitute a portion of the record.

(4) Briefs. Neither the appellant nor the Board shall be required to submit a brief or argument, but shall be permitted to do so either by counsel or pro se. The brief and argument, if submitted, in no event shall exceed twenty pages in length. It is suggested, but not required, that the appellant submit proposed findings of fact germane to the record on appeal which support the contentions raised in the brief and argument.

(5) Oral Argument. Upon request to the Commission, the appellant or a representative of the Board shall be permitted to appear personally or be represented by counsel before the Commission to present such oral argument as he or she may deem appropriate; provided, however, that the matters to be argued are limited to the record and that the Commission shall be entitled to set reasonable time limits upon such presentation.

(6) Decision of Commission. It shall be the duty of the Commission to render a decision within sixty days from the date of the submission of the record on appeal or the brief and argument of the appellant, whichever comes later.

(7) Extensions and Other Orders. The Commission may, upon application of the appellant or the Board, and for good cause, grant extensions of time and make other appropriate orders as shall be required to accommodate special situations not foreseen in these rules.

Ala. Admin. Code r. 545-X-4-.01

Filed May 6, 1983. Amended: Filed November 30, 2007; effective January 4, 2008.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Authors: Medical Licensure Commission, Wallace D. Mills

Statutory Authority:Code of Ala. 1975, § 34-24-330.