Ala. Admin. Code r. 746-X-4-.07

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

Section 746-X-4-.07 - The Processing Of Appeals

(1) Time to Appeal. An appeal must be initiated by a notice, in writing, directed to the Alabama State Board of Prosthetists and Orthotists and filed with the Board office within fifteen days from the date of the final order of the Board denying an application for licensure, registration, or accreditation.

(2) Scope of Appeal. The appeal to the Alabama State Board of Prosthetists and Orthotists 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 Board based upon its reexamination of the record as a whole, finds the applicant is qualified for licensure, then the Board may order that a license must be issued. For good cause shown, and within the discretion of the Board, the appellant may, upon application, be permitted to supplement the record on appeal, upon 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 ensure the complete and accurate preparation of the record on appeal, and to assure that one copy is filed with the Board 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 he 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 appellant submit proposed findings of fact keyed to the record on appeal which support the contention raised in the brief and argument.

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

(6) Decision of Board. It shall be the duty of the Board to render a decision within a reasonable time from the date of the submission of the record on appeal or the brief and argument of the appellant, whichever comes later.

(7) Rehearings. There shall be no application for rehearing. The decision of the Board, upon the appeal, shall be considered to be a final administrative determination.

(8) Extensions and Other Orders. The Board 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. 746-X-4-.07

New Rule: Filed August 8, 2003; effective September 12, 2003. Amended: Filed December 16, 2005; effective January 20, 2006.

Authors: Joseph C. Elliott, Glenn Crumpton

Statutory Authority:Code of Ala. 1975, § 34-25A-1 -14.