(1) When the Board has determined that a
ground for denial of an application for a certificate of qualification exists
based upon the submission of false, misleading or untruthful information to the
Board in connection with the application, the Board, in its discretion, may
allow an applicant to submit a written request that a non-disciplinary citation
with administrative charge be assessed against the applicant in lieu of a
decision by the Board to deny the application.
(2) The Board may grant, if deemed
appropriate, the request for an assessment of the citation with administrative
charge and issue a certificate of qualification to the applicant.
(3) The written request to be submitted by
the applicant shall be on a form approved by the Board and signed by the
applicant.
(4) Submission of a
written request form to the Board shall be accompanied by payment to the Board
of the administrative charge in an amount determined by the Board which shall
not exceed Ten Thousand Dollars ($10,000).
(5) Payment of the administrative charge
shall be made to the Board prior to the issuance of a certificate of
qualification.
(6) Upon receipt of
a properly executed request form and payment of the administrative charge, the
Board may issue the non-disciplinary citation and the certificate of
qualification.
(7) The
administrative charge is not refundable once payment is received by the
Board.
(8) The imposition of a
non-disciplinary citation with administrative charge is considered pubic
information and is not considered a disciplinary action against the applicant,
a restriction against the certificate of qualification or an adverse
encumbrance against the certificate of qualification.
Notes
Ala. Admin. Code r.
540-X-3-.20
Filed May 20, 1993 for
publication. See also Notice of Intended Action dated May 20, 1993 repealing
existing Chapter 3. Amended: July 21, 1993; effective August 25, 1993.
Amended by
Alabama
Administrative Monthly Volume XL, Issue No. 03, December 30,
2021, eff. 2/13/2022.
Rule
540-X-3-.18
was previously numbered Rule
540-X-3-.17
as of the certification filed August 21, 1996. Previous rule 18 was renumbered
to .19 as per certification filed October 15, 2008; effective November 19,
2008. Rule .19 was renumbered to .20 as per certification filed May 16, 2013;
effective June 20, 2013.
Author: Alabama Board of Medical
Examiners
Statutory Authority:
Code of Ala.
1975, ยง
34-24-53;
Act No. 07-402.
