Ala. Admin. Code r. 538-X-2-.12

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

Section 538-X-2-.12 - Involuntary Suspension Of Certification

(1) The Commission, acting as a body or through its agents, may suspend a patient's or caregiver's certification to hold a medical cannabis card by using a telephone or video conference call to review the allegations and make its determination. The Commission shall endeavor to hold the telephone or video conference at a mutually agreeable time. The patient's or caregiver's failure to appear for a telephone or video conference call required by the Commission or its agents shall be deemed evidence to support the contemplated suspension. If the Commission, acting as a body or through its agents, in consultation with the recommending physician, determines that there is clear and convincing evidence that the patient's or caregiver's medical cannabis card is being abused, such that continuing to furnish or dispense medical cannabis to the patient or caregiver, presents a danger of immediate and serious harm to the patient, caregiver, or to others, the Commission may suspend the individual's certification without a hearing, pending final adjudication to determine whether permanent sanctions as set forth in this Chapter are appropriate.

(2) Except as stated above, the Commission shall follow the procedure for suspension of a medical cannabis card only upon holding a hearing as set forth in Chapter 1 of these Rules. The suspension shall remain in effect, unless removed by the Commission, until the Commission's final adjudication order becomes effective, except that if the Commission does not issue its final adjudication order within ninety days after the hearing, the suspension shall thereafter be void.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.