Alabama Administrative Code Chapter 410-1-9 — Rules of Practice

410 State Health Planning and Development Agency

Ala. Admin. Code r. 410-1-9-.01 Declaratory Rulings

(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 $1,150.00. 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.

History

• Author: Emily T. Marsal
• Authority: Code of Ala. 1975, §§41-22-4, 41-22-11.
• Amended: Filed August 23, 2016; effective October 7, 2016. Amended: Published October 31, 2025; effective December 15, 2025.

Ala. Admin. Code r. 410-1-9-.02 Rules Of Evidence

In contested cases, the rules of evidence as applied in non-jury civil cases in the circuit courts of this state shall be followed. The applicant or other interested party may waive the right to invoke the rules of evidence.

History

• Authority: Code of Ala. 1975, §41-22-13.

Ala. Admin. Code r. 410-1-9-.03 Intervention

On or before the 45th day of the review period, any person

(1) who has standing to seek injunctive relief against violations of Code of Ala. 1975, Section 22-21-260, et seq., or of any reasonable rules and regulations of the SHPDA; or

(2) upon whom a statute confers an unconditional right to intervene; or

(3) who has an individual interest in the outcome of the case as distinguished from a public interest and the representation of the interest of that person is inadequate, shall be permitted to intervene upon timely application. The application to intervene shall be in writing and shall state the identity of the intervenor, the names of all persons who will testify on behalf of the intervenor, and a concise statement of the substance of the testimony to be offered.

History

• Authority: Code of Ala. 1975, §§22-21-26, 41-22-14.

Ala. Admin. Code r. 410-1-9-.04 Petition For Adoption Of Rule

(1) Any person who wishes to propose that the State Health Planning and Development Agency adopt, amend, or repeal any rule shall submit said proposal in the following form:

(a) Petition for Adoption of Rule

1. Petitioner

(i) Name

(ii) Address

(iii) Phone

2. Character of Change

I propose that the State Health Planning and Development Agency

(i) ( ) adopt the following rule.

(ii) ( ) amend Rule __________ as follows.

(iii) ( ) repeal Rule __________ in total.

3. Text of Proposed Rule

If you checked box "i" above, type the rule you propose. If you checked "ii" above, type the currently effective rule, adding any proposed language. Proposed new language should be underlined and proposed deletions should be marked through. If you checked box "iii" above, skip this and go to part 4.

4. Purpose of Change

Briefly describe what the effect of this change will be, and why you believe the change should be made.

5. Signature

(i) _____________________________ Date

(ii) ______________________________ Petitioner

History

• Authority: Code of Ala. 1975,

Ala. Admin. Code r. 410-1-9-.05 Deadline For Submission Of Written Documents For Consideration At Public Hearings

Unless otherwise provided herein, all motions and other written documentation to be considered by the CON Review Board or Administrative Law Judge at the public hearing shall be filed with the state agency and served on, or provided to, the applicant and/or any intervenors and opponents of record not less than fourteen (14) days prior to the public hearing.

History

• Authority: Code of Ala. 1975, §§22-21-276, 41-22-14.