Ala. Admin. Code r. 620-X-8-.01

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

Section 620-X-8-.01 - Complaints And Inquiry Procedures

(1) Complaints or charges against any person having been issued a license as a nursing home administrator or having been issued a license as a provisional nursing home administrator shall be in writing on forms provided by the Board, and shall be submitted to the Board.

(2) The Board, or any person or persons appointed by it for the said purpose, shall thoroughly investigate said charges, and if such investigation is not made by the Board, report its findings to the Board. The Board, upon making or receiving the findings, may dismiss the charges, inquire further, or take disciplinary action pursuant to paragraph (3) of this rule.

(3) If the Board determines that disciplinary action should be taken, it may refuse, suspend, or revoke the applicant's or licensee's license, or reprimand or otherwise discipline the applicant or licensee.

(4) Whenever the Board takes any action under paragraph (3) hereof against any licensee or applicant, such applicant or such licensee shall be informed of said action by written notice.

(5) Within thirty (30) days, computed as described in Rule No. 620-X-9-.01 paragraph (3) of the date of the Board's notice issued pursuant to paragraph (4) hereof, the applicant or licensee receiving such notice may request in writing a hearing or re-hearing before the Board.

(6) Upon receipt of a request under paragraph (5) hereof, the Board will do one of the following:

(a) The Board may grant the request for a hearing and suspend its action until conclusion of said hearings;

(b) The Board may grant the request for a hearing without a suspension of its action.

(7) The hearing shall be held on the date, time and place determined by the Board.

(8) Persons to whom hearings are granted shall be given at least ten (10) days notice of the date, time and place of such hearing.

(9) Persons to whom hearings are granted may appear in person or by attorney or both, and may present evidence, affidavits, arguments, and briefs.

(10) Hearings shall be held before at least a quorum of the Board as defined by statute for meetings of the Board unless the Board and the person to whom the hearing is granted mutually agree to a hearing before less than a quorum or an agent of the Board.

(11) Persons who are denied hearings under paragraph (6)(c) hereof, will be informed of such denial by the Board in writing, and persons to whom hearings are granted shall be informed in writing of the outcome of said hearings.

Author: John L. Wallace Chairman

Ala. Admin. Code r. 620-X-8-.01

January 8, 1982; Filed September 30, 1982. Amended: Filed July 20, 1993; effective August 24, 1993.

Statutory Authority:Code of Ala. 1975, § 34-20-1.