Ala. Admin. Code r. 410-1-7-.13

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

Section 410-1-7-.13 - Forty-Fifth (45th) Day Of The Review Period

(1) Once an application is deemed complete by the state agency staff, person(s) other than the applicant will have forty-five (45) days from the beginning of the review cycle in which to have filed with the state agency the following:

(a) information and letters for the Board's consideration in ruling on the merits of the application;

1. Person(s) other than the applicant, who wish to submit written statements, either in opposition or support of the application, must electronically filed their comments on or before the forty-fifth (45th) day of the review cycle.

(b) speakers to make presentations to the Certificate of Need Review Board:

1. person(s) other than the applicant who wishes to make an oral presentation to the Board must file a request with the state agency naming the person who is to speak on or before the forty-fifth (45th) day of the review cycle. Only at the sound discretion of the Chairman of the Certificate of Need Review Board will substitution be permitted.

2. persons other than the applicant who wish to make an oral presentation must have filed with the state agency a summary statement of the presentation before or on the forty-fifth (45th) day of the review cycle, and must limit their comments to the Board to the same.

(c) content of visual aids used in presentation to the Certificate of Need Review Board.

2. Persons other than the applicant may use visual aids such as graphs, charts, and related materials in the presentation to the Certificate of Need Review Board, only if the content of such aids is submitted to the state agency on or before the forty-fifth (45th) day of the review cycle, in sufficient detail to enable the applicant to prepare a response thereto.

(2) Affected persons filing any information with the Agency in support or opposition to a matter must file an electronic PDF copy with the Agency pursuant to the provisions of Rule 410-1-3-.09, and certify that they have filed a copy of such materials on the applicant and all interveners the same day said materials are filed with the State Agency, either by hand delivery, First Class US Mail (postage prepaid), or overnight courier. If said materials are mailed, the same shall be postmarked the same date the materials are filed of record with the state agency. Filings not served on other parties in substantial compliance with this regulation may be excluded from the record.

(3) Affected persons as defined in Rule 410-1-2-.18 must file an electronic PDF copy of any materials filed of record with the State Agency pursuant to the provisions of Rule 410-1-3-.09. Any evidentiary submission, including documents, charts, or graphs must be accompanied by a sworn verification that the facts stated in the foregoing testimony are true to the best of the preparer's knowledge, information and belief. Such certifications and verifications shall be on such forms as may be provided by the Agency.

(4) Person(s) other than the applicant and affected persons will not be required to file a copy of their letter of support or opposition with the applicant.

(5) Letters from persons other than the applicant and affected persons will be placed in a separate file and made available to members of the Certificate of Need Review Board for their inspection during public hearings for the subject project.

Ala. Admin. Code r. 410-1-7-.13

Amended: Filed March 13, 1997; effective April 18, 1997. Amended: Filed May 3, 2005; effective June 7, 2 005.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/7/2016.

Author: Alva M. Lambert

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