Ala. Admin. Code r. 580-2-8-.01

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

Section 580-2-8-.01 - Appeal Procedures

(1) Notice of certification action or any specific findings contained in the Site Visit Report may be appealed in writing to the Director, Bureau of Mental Illness Community Programs, within 15 working days after receipt of the notice of certification action or the Site Visit Report. The written appeal must specify the precise reason(s) for the appeal and must contain documentation to support modification of the certification decision or the site visit findings.

(2) The Director of the Bureau of Mental Illness Community Programs must respond in writing to the appeal within 15 working days after receipt of it either upholding or revising the initial findings or the certification decision.

(3) If the Bureau Director does not find that there is adequate basis to modify the site visit findings or the certification decision, a second appeal may be made in writing to the Associate Commissioner of Mental Illness within 15 working days after receipt of the written notice of the Bureau Director's decision.

(4) The Associate Commissioner of Mental Illness will have 15 working days after receipt of the second level written appeal in which to render a decision in writing.

(5) Final appeal of the Associate Commissioner's decision must be made in writing to the Commissioner within 15 working days after receipt of the decision. The Commissioner will have 30 working days after receipt of the final appeal in which to schedule a hearing from both parties and render a final decision in writing.

Author: Division of Mental Retardation, DMH/MR.

Ala. Admin. Code r. 580-2-8-.01

Original rule filed September 30, 1982. Revised: Filed, August 3, 1984. Chapter Amended: Filed, May 12, 1987. Effective June 16, 1987. Revised: Filed, July 31, 1992; Extended: September 30, 1992. Extended: December 31, 1992. Certified: March 30, 1993, Effective May 5, 1993.

Statutory Authority:Code of Ala. 1975, § 22-50-11.