Ala. Admin. Code r. 420-1-3-.13

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

Section 420-1-3-.13 - Application For Rehearing

(1) Any party aggrieved by an order of the State Health Officer who desires to have the same modified or set aside may, within 15 days after the entry of the order, file an application for rehearing, which shall specify in detail the grounds for the relief sought therein and the authorities in support thereof.

(2) The filing of such an application for rehearing shall not extend, modify, suspend or delay the effective date of the order, and said order shall take effect on the date fixed by the State Health Officer and shall continue in effect unless and until said application shall be granted or until said order shall be superseded, modified, or set aside in a manner provided by law.

(3) Such application for rehearing may be filed only if the final order is alleged to be:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the State Board of Health;

(c) In violation of a rule of the State Board of Health;

(d) Made upon unlawful procedure;

(e) Affected by other error of law;

(f) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(g) Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

(4) Copies of such application for rehearing shall be served on all parties of record, who may file replies thereto.

(5) Within 30 days from the filing of an application, the State Health Officer may in his or her discretion issue an order:

(a) Setting a hearing on the application for a rehearing which shall be heard as soon as practicable; or

(b) Granting or denying the application.

(6) If the State Health Officer enters no order whatsoever regarding the application within the 30-day period, the application shall be deemed to have been denied as of the expiration of the 30-day period.

(7) In no event shall a party be required to file an application for rehearing as a condition of applying for judicial review.

Ala. Admin. Code r. 420-1-3-.13

New Rule: Filed March 20, 2008; effective April 24, 2008.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, § 41-22-17.