Ala. Admin. Code r. 538-X-4-.15

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

Section 538-X-4-.15 - Non-Renewal Of Licenses

(1)Voluntary Non-Renewal

(a) A licensee may choose not to renew its license by filing a Notification of Voluntary Nonrenewal with the Commission on or before the date of license expiration.

(b) A licensee who fails to file a Notification of Voluntary Nonrenewal by the date of license expiration may continue to operate for a period of not more than sixty (60) days. A licensee who files an untimely Notification of Voluntary Nonrenewal, or who fails to file such notice during the sixty days after the date of license expiration, shall be assessed a per-day penalty, equal to 10 times the daily cost of the license fee, for each day after the date of license expiration in which the Notification of Nonrenewal is not filed.

(c) A licensee, upon filing a Notification of Voluntary Nonrenewal, shall cease its operations. The Commission shall, within 30 days of receipt of a Notification of Voluntary Nonrenewal, issue the licensee a notification of non-renewal.

(2)Involuntary Non-Renewal. A licensee may be notified by the Commission that its license is being non-renewed if the licensee is no longer eligible to hold a license or if the Commission, in its discretion, determines that the licensee's performance over the term of its license period and any previous license period warrants non-renewal, considering the licensee's inspection record, application submissions and representations, compliance and cooperativeness with the Commission, growth or lack thereof, fulfillment of its purpose, and its overall benefit to patients and the citizens of Alabama. A notification of nonrenewal may be conditional, such that the licensee may take steps to correct the issue that led to the notification. A notification of non-renewal will be issued electronically not less than 30 days prior to license expiration. A licensee wishing to challenge the nonrenewal may seek a hearing before the Commission not less than 21days after the date of the nonrenewal notification date, in accordance with the procedures set forth in § 20-2A-57(d), Code of Ala. 1975, (as amended).

Ala. Admin. Code r. 538-X-4-.15

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.