Ala. Admin. Code r. 420-1-3-.12

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-1-3-.12 - Proceedings For Adverse Licensure Actions

(1) The Board shall utilize the contested case procedure in this chapter to take any adverse action on any existing license of a hospital or other health care facility under the jurisdiction of the Board except when required to be modified by Code of Ala. 1975, §§ 22-21-25, 22-21-26.

(2) Such adverse licensure actions shall be initiated by notices served on the affected licensee as provided in Rule 420-1-3-.04 except that revocation and suspension actions shall be served only by registered or certified mail, return receipt requested. Service may also be achieved by regular mail as provided by Rule 420-1-3-.02(2). Such notice shall include the charges and specifications including a description of the grounds for the proposed action and the date, place and time of the meeting at which such proposed adverse action shall be heard. Notices shall be served at least 3 0 days prior to the date of the hearing.

(3) Licensees shall be provided an opportunity to respond in writing and/or orally on the date of the hearing. Licensees may be represented by legal counsel and may present evidence in their defense. The Department and the licensee may present and cross-examine witnesses and the hearing officer may examine and cross-examine witnesses.

(4) The burden of proof rests with the Department in any contested case proceeding taking adverse action against an existing license.

(5) Revocation and suspension proceedings shall be recorded by a certified court reporter.

(6) The hearing officer shall, upon completion of such hearing, make findings of fact on all adverse action and shall make recommendations to the State Health Officer who shall consider such recommendations and shall reverse, affirm, or modify the recommendations of the hearing officer.

Ala. Admin. Code r. 420-1-3-.12

Filed July 20, 1990. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, §§ 22-21-25, 22-21-26, 41-22-12, 41-22-17, 41-22-20.