Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-8 - PUBLIC HEARINGS AND APPEALS › Section 410-1-8-.02 - Contested Case Before Administrative Law Judge

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon timely written request of the
			 applicant or intervenor of record that the application be assigned to an
			 Administrative Law Judge, the Executive Director shall direct that the public
			 hearing on the application or applications be held before an Administrative Law
			 Judge appointed by the Governor of the State of Alabama. The assignment to an
			 Administrative Law Judge shall occur within ten (10) days of the request,
			 unless extended by agreement of the parties or as required to identify and
			 resolve scheduling or conflict issues involving a potential judge. The
			 Administrative Law Judge shall conduct the contested case proceedings in
			 accordance with the Alabama Administrative Procedure Act, and shall file with
			 the Board proposed findings of fact and conclusions of law with the Board in
			 accordance with §§
								41-22-15 and -16,
Code
			 of Ala. 1975
, as amended.
(2) In the case of competing or batched
			 applications, if one competing applicant or intervenor makes request pursuant
			 to Rule 410-1-8-.02(1)
			 for a contested case hearing, then all applications which are competing or
			 batched with that applicant shall be also conducted as contested cases,
			 regardless of whether such request for contested case status is made by those
			 applicants.
(3) A fee not to exceed
			 the cost of the contested case proceeding, including the fee paid to the
			 Administrative Law Judge, will be imposed upon the parties to the contested
			 case proceeding. The parties shall each be responsible for their own legal
			 fees.
(4) Security for costs shall
			 be filed with the request for a contested case proceeding. If the requestor
			 desires to post cash in lieu of security for costs, application shall be made
			 to the Agency and the amount of cash to be posted shall be set by the State
			 Agency. Security for costs shall be approved by the State Agency. Any cash
			 security shall be conditioned and deposited to secure the payment of the
			 Administrative Law Judge, at the conclusion of the contested case proceeding.
			 Failure to file security for costs with the request for a contested case
			 proceeding shall result in the contested case proceeding request being deemed
			 incomplete.
(5) In contested cases
			 the presiding officer of the Certificate of Need Review Board, or, if the case
			 is assigned to an Administrative Law Judge, the Administrative Law Judge, may
			 in his or her discretion, issue a discovery order requiring applicants and
			 intervenors, a reasonable time before the contested case hearing, to exchange
			 lists of expected witnesses, together with a general summary of each witness'
			 testimony, copies of documents to be offered as evidence at the hearing and if
			 specifically requested, copies of any documents referred to in the Certificate
			 of Need application not otherwise available to the public. Unless extended by
			 written agreement of all parties:
(a) any
			 public hearing before an Administrative Law Judge pursuant to this section
			 shall begin within forty-five (45) days of assignment to the Administrative Law
			 Judge and be completed within ninety (90) days; and
(b) the Administrative Law Judge shall render
			 proposed findings of fact and conclusions of law in accordance with the Alabama
			 Administrative Procedure Act within thirty (30) days of completion of the
			 transcript.