Section 20-2A-57 - Suspension, revocation, etc., of license(a) If any of the following occurs, the commission may deny, suspend, revoke, or restrict a license:(1) An applicant or licensee fails to comply with this article or rules.(2) A licensee no longer meets the eligibility requirements for a license under this article.(3) An applicant or licensee fails to provide information the commission requests to assist in any investigation, inquiry, or commission hearing.(b) The commission may impose civil fines of up to five thousand dollars ($5,000) against an individual and up to twenty-five thousand dollars ($25,000) or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of this article, rules, or an order of the commission. Assessment of a civil fine under this subsection is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of this article and is not grounds to suppress evidence in any criminal prosecution that arises under this article or any other law of this state.(c) The commission shall comply with the hearing procedures of the Administrative Procedure Act when denying, revoking, suspending, or restricting a license or imposing a fine. The commission may suspend a license without notice or hearing upon a determination that the safety or health of registered qualified patients, registered caregivers, or employees is jeopardized by continuing a facility's operation. If the commission suspends a license under this subsection without notice or hearing, a prompt post-suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the commission determines that the cause for suspension has been abated. The commission may revoke the license or approve a transfer or sale of the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard.(d) Any party aggrieved by an action of the commission suspending, revoking, restricting, or refusing to renew a license, or imposing a fine, shall be given a hearing before the commission upon request. A request for a hearing must be made to the commission in writing within 21 days after service of notice of the action of the commission. Notice of the action of the commission must be served either by personal delivery or by certified mail, postage prepaid, to the aggrieved party. Notice served by certified mail is considered complete on the business day following the date of the mailing.(e) The commission may conduct investigative and contested case hearings; issue subpoenas for the attendance of witnesses; issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents; and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the commission under this article.(f) Any person aggrieved by an action of the commission or the department under this article, within 30 days after receiving notice of the action, may appeal the action to the circuit court in the county where the commission or department is located.Ala. Code § 20-2A-57 (1975)
Added by Act 2021-450,§ 1, eff. 5/17/2021.