Ala. Admin. Code r. 410-1-8-.05

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

Section 410-1-8-.05 - Majority Decision

(1) Where the public hearing has been held by the Certificate of Need Review Board, then at the conclusion of the evidence, and after an opportunity for questioning of the applicant or other party, a quorum of the CON Review Board shall, by a majority vote of the members voting, grant or deny, in whole or in part, the application for the CON or other matter properly before the Board.

(2) Where the public hearing has been assigned to and conducted by an Administrative Law Judge, the Administrative Law Judge shall render proposed findings of fact and conclusion of law in accordance with the Alabama Administrative Procedure Act, within thirty (30) days after the conclusions of the public hearing. Exceptions to the findings of fact and conclusions of law shall be filed with the agency within seven days after the findings of fact and conclusion of law are rendered. The proposal findings of fact and conclusions of law issued by the Administrative Law Judge, the record of the contested case hearing, and the exceptions to the proposed order, if any, shall be submitted to the individual members of the Certificate of Need Review Board at least fourteen (14) days in advance of its regularly scheduled Board meeting. The proposed findings of fact and conclusions of law shall be presented to the Certificate of Need Review Board at its next regularly scheduled Board meeting and either ratified or rejected, in whole or in part, by amajority vote of a quorum of its membership.

Amended: Filed March 13, 1997; effective April 18, 1997. Amended: Filed February 1, 2000; effective March 7, 2000. Amended: Filed August 19, 2011; effective September 23, 2011.

Author: Alva M. Lambert

Statutory Authority:Code of Ala. 1975, §§ 22-21-275, 41-22-15, 41-22-16, as amended by Act 98-341.