Ala. Admin. Code r. 410-1-3-.03

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

Section 410-1-3-.03 - Ex Parte Contacts

(1) There shall be no ex parte contacts:

(a) in the case of an application for certificate of need, between the applicant for the certificate of need, any person acting on behalf of the applicant, or any person opposed to the issuance of a certificate of need for the applicant and any member of the Certificate of Need Review Board who exercises any responsibility respecting the application after the application has been received by the agency and before a decision is made with respect to the application; or

(b) in the case of a proposed revocation of a certificate of need, between the holder of the certificate of need, any person acting on behalf of the holder, or any person in favor of the revocation and any member of the Certificate of Need Review Board who exercises responsibility respecting revocation of the certificate after the petition to revoke the certificate of need has been filed and before a decision is made on revocation.

(2) Any violation of this rule shall be reported to the Certificate of Need Review Board, which shall impose the sanctions provided in this rule.

(3) Any violation of this rule by an applicant or any person acting on behalf of an applicant shall result in the violator's application being dismissed from the review process and its application fee being forfeited.

(4) Any violation of this rule by an opponent or any person acting on behalf of an opponent shall result in the opposition being stricken from the record and a public notification by the Certificate of Need Review Board that such opposition is not to be considered in its deliberations on an application.

Author:

Ala. Admin. Code r. 410-1-3-.03

Statutory Authority:Code of Ala. 1975, § 22-21-275.