Ala. Admin. Code r. 540-X-5-.07

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

Section 540-X-5-.07 - Application For Reinstatement Of Certificate Of Qualification And Application For Removal Of Voluntary Restriction On Certificate Of Qualification: The Processing Of Appeals From Decisions Of The Board Of Medical Examiners To The Medical Licensure Commission

(1) Time for Appeal. An appeal must be initiated by a notice, in writing, directed to the Medical Licensure Commission and filed with the Commission within thirty (30) days from the date of the final order of the Board of Medical Examiners denying an application for reinstatement of a certification of qualification, or denying an application for removal of a voluntary restriction on a certificate of qualification.

(2) Scope of Appeal. The appeal to the Medical Licensure Commission shall not be a hearing de novo, but shall be limited to a consideration of the record of the proceedings before the Board. In the event the Commission, based upon its examination of the record as a whole, finds the applicant is qualified for licensure, then the Commission may order the Board to reinstate the certificate of qualification of the applicant. In the event the appeal grows out of a denial by the Board for removal of a voluntary restriction on a certificate of qualification, the Commission shall have the right to affirm the Board's action, or order the Board to modify its action as the Commission deems appropriate. For good cause shown, and within the discretion of the Commission, the appellant may, upon application, be permitted to supplement the record on appeal, upon a showing that the evidence was newly discovered or was not reasonably available to the appellant at the time of the hearing before the Board. In the event that such application is granted the Board shall be afforded an opportunity to respond to or refute such evidence.

(3) Record on Appeal. The record on appeal shall consist of:

(a) Verbatim transcript of the proceedings before the Board, including the testimony of witnesses, statements of the appellant and/or counsel, and statements of the Board;

(b) Copies of all documents introduced into evidence at the hearing and considered by the Board in reaching its determination, and;

(c) Copies of all pleadings, motions, briefs, and arguments, or other documents filed before the Board in connection with the hearing. It shall be the responsibility of the appellant, at his expense, to insure the complete and accurate preparation of the record on appeal, and to assure that one copy is filed with the Commission in a timely manner. The Board shall be required to furnish, at a reasonable rate based on the actual costs, copies of all documents in the possession of the Board which constitute a portion of the record.

(4) Briefs. It shall not be required that the appellant or the Board submit a brief and argument, but each shall be permitted to do so either personally or by counsel. The brief and arguments, if submitted, need not take any particular format, but in no event shall it exceed twenty pages in length. It is suggested, but not required, that the parties submit proposed findings of fact keyed to the record on appeal which support the contentions raised in the brief and argument.

(5) Oral Argument. Upon request to the Commission, the appellant and a representative of the Board shall be permitted to appear personally or by counsel before the Commission at a regular scheduled monthly meeting to present such oral arguments as deemed appropriate, provided, however, that the matters to be argued are limited to the record and that the Commission shall be entitled to set reasonable time limits upon such presentation.

(6) Decision of Commission. It shall be the duty of the Commission to render a decision within sixty days from the date of the submission of the record on appeal or the brief and argument of the appellant, which ever comes later.

(7) Re-hearings. There shall be no applications for rehearing. The decision of the Commission, upon the appeal, shall be considered to be a final administrative determination.

(8) Extensions and Other Orders. The Commissions may, upon application of the appellant or the Board, and for good cause shown, grant extensions of time and make such other appropriate orders as shall be required to accommodate situations not covered in these rules.

Ala. Admin. Code r. 540-X-5-.07

New Rule: Filed November 13, 2007; effective December 18, 2007.

Author: Alabama State Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-330, 34-24-361(g).