Ala. Admin. Code r. 540-X-5-.04

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

Section 540-X-5-.04 - Review Of And Appeal From Order Of Board Following Hearing On Alabama Controlled Substances Certificate Revocation Or Denial

(1) An applicant or registrant adversely affected by an order of the Board denying, suspending, or revoking a registration or refusing the renewal of a registration, whether or not such suspension, revocation or registration is limited, may seek judicial review of the order by filing a written petition for review with the Alabama Court of Civil Appeals, and, otherwise proceeding in accordance with the provisions of the Code of Ala. 1975, § 41-22-20.

(2) The following procedures shall take precedence over the provisions of the Code of Ala. 1975, § 41-22-20(c) relating to the issuance of a stay of any order of the Board of Medical Examiners suspending, revoking or restricting a registration. The suspension or revocation or restriction of a registration shall be given immediate effect, and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke or restrict a registration unless the reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion. Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of an administrative decision of the board, including writ of mandamus, or judicial review pursuant to the Alabama Administrative Procedure Act, must be filed, commenced, and maintained in the Alabama Court of Civil Appeals.

Filed November 9, 1982 as Rule No. 540-X-3-.04. Readopted: Filed February 8, 1983. Rules reorganized--rule number changed to (see conversion table at end of code): Filed June 14, 1984 (without publication in AAM). Amended: Filed August 22, 2002; effective September 26, 2002. Amended: Filed October 15, 2008; effective November 19, 2008.

Author: Wendell R. Morgan, Attorney for the Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, § 20-2-53.