Alabama Administrative Code
Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY ALABAMA STATE HEALTH PLAN 2014-2017
Chapter 410-1-9 - RULES OF PRACTICE
Section 410-1-9-.01 - Declaratory Rulings
Universal Citation: AL Admin Code R 410-1-9-.01
Current through Register Vol. 42, No. 5, February 29, 2024
(1) The CON Review Board may issue declaratory rulings to any person substantially affected by a rule, with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the state agency, or with respect to the meaning and scope of any order of the state agency. Such rulings shall be issued provided:
(a) the petitioner makes his request pursuant
to Rule
410-1-3-.09 no
later than fourteen (14) days prior to the regularly scheduled meeting of the
CON Review Board, accompanied by a fee of $1,000.00. The required filing fee
must be submitted to the State Agency via overnight mail and marked in such a
way as to clearly identify the fee with the electronic submission; or the fee
maybe submitted electronically via the payment portal available through the
State Agency's website; and
(b) the
petitioner shows that he is substantially affected by the rule in question;
and
(c) sufficient facts are
supplied in the request to permit the Certificate of Need Review Board to make
a valid determination; and
(d) the
request arises from an actual question or controversy.
(2) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22 -11, as amended.
Author:
Statutory Authority: Code of Ala. 1975, §§ 41-22 -4, 41-22-11.
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