Ala. Admin. Code r. 540-X-5-.08

Current through Register Vol. 43, No. 3, December 31, 2024

Section 540-X-5-.08 - Denial Of An Application For Initial Certificate Of Qualification: Appeal To The Medical Licensure Commission

(1) An appeal from a denial by the Board of an applicant for an initial certificate of qualification must be initiated by a notice, in writing, directed to the Medical Licensure Commission and filed with the Commission within thirty (30) days from the date of the letter of notice to the applicant that the Board has denied the application for an initial certificate of qualification.

(2) The appeal to the Medical Licensure Commission shall be a hearing de novo, and shall include the following:

(a) Reasonable notice in writing of the time, place and nature of the hearing;

(b) The opportunity for all parties to respond and present evidence and argument on all material issues involved; and

(c) The opportunity for all parties to be represented by counsel at their own expense.

(3) The record of information considered by the Board in its decision to deny an application for an initial certificate of qualification shall be prepared by the Board and certified and shall be filed with the Commission as the record on appeal. The Commission shall consider the record on appeal in rendering a decision in the matter.

(4) In the event the Commission finds that the applicant is qualified for licensure, the Commission may order the Board to issue a certificate of qualification to the applicant.

Ala. Admin. Code r. 540-X-5-.08

New Rule: Filed November 13, 2007; effective December 18, 2007.

Author: Alabama State Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-330, 34-24-361(g).