Ala. Admin. Code r. 540-X-12-.13 - Appeals - Qualified Alabama Controlled Substances Registration Certificate (QACSC)

(1) A P.A. may obtain judicial review when adversely affected by any of the following:

(a) An order of the Board denying an application for a QACSC.

(b) An order of the Board denying an application for renewal of a QACSC.

(c) An order of the Board suspending, revoking or restricting a QACSC or assessing an administrative fine against a QACSC.

(d) An order of the Board denying reinstatement of a QACSC.

(2) Judicial review of an order of the Board may be obtained by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Code of Ala. 1975, § 41-22-20.

(3) The following procedures shall take precedence over Code of Ala. 1975, § 41-22-20(c) relating to the issuance of a stay of any order of the Board suspending, revoking or restricting a QACSC. The suspension, revocation or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the Board to suspend, revoke or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the Board was taken without statutory authority, was arbitrary or capricious or constituted a gross abuse of discretion.

(4) From the judgment of the Circuit Court, either the Board or the affected party who invoked judicial review may obtain a review of any final judgment of the Circuit Court pursuant to Code of Ala. 1975, § 41-22-21. No security shall be required of the Board.

Notes

Ala. Admin. Code r. 540-X-12-.13

New Rule: Filed February 17, 2010; effective March 24, 2010.

Author: Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, § 20-2-60, et. seq.; Act 2009-489.