Ala. Admin. Code r. 545-X-3-.12

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

Section 545-X-3-.12 - Immediate Effect Of Commission Order; Judicial Review; Vacation Of Order By Court; Venue

Any order of the Commission suspending or revoking a license to practice medicine shall have immediate effect and shall not be stayed or held in abeyance by any court. If it is subsequently determined by a court of competent jurisdiction that the Commission acted arbitrarily or capriciously or that the Commission grossly abused its discretion, then, upon issuance of a preemptory writ of mandamus, the order of the Commission shall be vacated. The reviewing court, however, shall not itself hear or accept any further evidence with respect to issues of fact determined by the Commission. Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of the administrative decisions of the Commission, including writ of mandamus, or judicial review pursuant to Chapter 22, Title 41, Code of Ala. 1975, must be filed, commenced, and maintained in the Alabama Court of Civil Appeals, pursuant to Code of Ala. 1975, Section 34-24-367 as amended by Act 2008-397.

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed October 29, 2008; effective December 3, 2008.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Author: Unknown, Wallace D. Mills

Statutory Authority:Code of Ala. 1975, § 34-24-367.