Ala. Admin. Code r. 410-1-8-.09

Current through Register Vol. 42, No. 12, September 30, 2024

Section 410-1-8-.09 - Reconsideration Of Decision

(1) Any aggrieved party, including the applicant, any competing applicant or any aggrieved person who has intervened pursuant to Code of Ala. 1975, § 41-22-14, as amended, may file a request for reconsideration of the decision pursuant to the provisions of Rule 410-1-3-.09 within fifteen (15) days to the date SHPDA's decision is deemed final. The request shall state with particularity the evidence which supports one or more of the grounds for reconsideration.

(2) Such application for reconsideration will lie only

(a) if the final decision of SHPDA is:

1. in violation of constitutional or statutory provisions;

2. in excess of the statutory authority of SHPDA;

3. in violation of a SHPDA rule;

4. made upon unlawful procedure;

5. affected by other error of law;

6. clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

7. unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion; or

(b) if the party requesting reconsideration presents any significant relevant and material newly discovered information not previously considered by SHPDA which, with reasonable diligence, could not have been discovered in time to be presented before SHPDA made its decision.

There shall be no action for reconsideration of a prior order on reconsideration.

(3) An aggrieved party shall not be required to request reconsideration prior to or as a condition requesting a fair hearing or as a condition to seeking judicial review pursuant to Code of Ala. 1975, § 41-22-20, as amended.

Ala. Admin. Code r. 410-1-8-.09

Amended: Filed June 12, 1997; effective July 17, 1997. Amended: Filed February 1, 2000; effective March 7, 2000.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 11, August 31, 2016, eff. 10/7/2016.

Author: Alva M. Lambert

Statutory Authority:Code of Ala. 1975, §§ 22-21-275(12), 41-22-17.