Ala. Admin. Code r. 473-X-7-.01

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

Section 473-X-7-.01 - Appeal To The Board

(1) Any entity or person against whom an administrative fine has been levied by the board for providing home medical equipment services without a license as required under Section 34-14C-4, Code of Ala. 1975, or who has been administratively enjoined from providing home medical equipment services without such a license, shall be entitled to pursue an appeal through the Board for reconsideration of such decisions rendered after a contested case proceeding. This rule shall also govern appeals of inspection results from any entity or person to whom a written notice of failure to pass inspection has been issued by the board.

(2) The Board shall entertain written requests for reconsideration of inspection results or of its decision in a contested case proceeding as set forth in paragraph (1) above in an appeal hearing by either party thereto if timely submitted within thirty (30) days from the rendition of said decision in a written final order adopted by the Board.

(3) The request should be based upon newly discovered evidence which would justify relief from the decision rendered.

(4) Such requests should include, by written memorandum or brief, the detailed basis for such reconsideration. The opposing party shall have the opportunity to present a written reply memorandum or brief challenging such basis within thirty (30) days from the submission of the request for reconsideration.

(5) The Board shall review the written arguments of the parties at its next regular or special meeting and, based upon such review, determine in its discretion by a majority vote of a quorum of its members whether to sustain its previous decision or grant such relief from the decision as may be appropriate. In reviewing the request, the Board may, at its sole discretion, hear further oral argument or new sworn testimony or suggest supplemental responses. The Board shall render a written order setting forth the determination of the Board within thirty (30) days of the vote reflecting the determination of the Board.

(6) The filing of the request for reconsideration shall be at the option of the parties and should not be deemed as a prerequisite to, or hindrance of, either party's right to judicial review of a Board decision in accordance with the procedures provided under the Alabama Administrative Procedure Act, Chapter 22, Title 41, Code of Ala. 1975.

Ala. Admin. Code r. 473-X-7-.01

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/13/2014.

Author: The Alabama Board of Home Medical Equipment Services Providers

Statutory Authority:Code of Ala. 1975, § 34-14C-6(c)