Ala. Admin. Code r. 540-X-6-.02 - Categories Of Hearings

Current through Register Vol. 40, No. 6, March 31, 2022

(1) There are hereby established two categories of hearings held before the Board in its capacity as a certifying board under the Alabama Uniform Controlled Substances Act:
(a) Revocation Hearing. Any proceeding or hearing for the revocation, suspension or restriction of a registrant's controlled substance registration certificate based on the violation of one or more of the offenses and conditions set forth in Code of Ala. 1975, § 20-2-54(a), as amended by Act No. 83-890 (3rd Ex. Sess., 1983). Included within this category is any hearing or proceeding whereby a decision by the Board concerning a previously restricted registration certificate may result in the further restriction, suspension or revocation of the registrant's certificate.
(b) Reinstatement Hearing. Any hearing or proceeding conducted by the Board to consider:
1. The reinstatement of a previously revoked registration.
2. The termination, modification or amendment or any restriction or suspension previously imposed by the Board on a registrant's certificate.
3. The review or reconsideration of any action taken by the Board with respect to a registration.
4. The consideration of any annual renewal application for an unrestricted registration certificate by an applicant whose registration certificate had been previously restricted.
(c) Applications for reinstatement of a controlled substance registration certificate or for removal, termination or modification of restrictions to a controlled substance registration certificate filed with the board less than 24 months following the effective date of the revocation, suspension, restriction or surrender of a controlled substance registration certificate may, within the discretion of the board, be dismissed by the board without a hearing as prematurely filed. Applications filed more than 24 months following the effective date of the revocation, suspension, restriction or surrender shall either be granted by the board or set for a hearing before the board which shall be conducted as a contested case under the Alabama Administrative Procedure Act.
(2) In a revocation hearing the complainant shall have the burden to establish by competent evidence that the registrant has committed one or more of the offenses or conditions specified in Code of Ala. 1975, § 20-2-54(a), as such conditions or offenses presently are set forth or may be hereinafter amended, and as they may be further defined by the rules and regulations of the Board. In determining whether the registrant is guilty of any of the offenses or conditions set forth in the complaint, the Board shall not receive evidence of or consider any previous action of the Board concerning the registrant's certificate. After the Board has reached a determination, from consideration of all of the evidence on the question of guilt or innocence of the registrant with respect to the grounds specified in the complaint, and before the Board determines the appropriate penalty, if any, to be imposed, the Board may, but is not required to, receive and consider all prior actions of the Board with respect to the registrant's certificate of registration and any matters in mitigation or extenuation which the registrant desires to submit. The fact that a member of the Board has previously participated in a hearing, interview or investigation concerning the registrant, shall not disqualify that board member from participation in a subsequent revocation hearing.
(3) In a reinstatement hearing (including any application for reconsideration, application for removal of prior restrictions, application for reinstatement, or removal of probationary conditions or any similar requests based upon a prior action of the Board), the registrant shall have the burden of establishing to the reasonable satisfaction of the Board that the registrant is entitled to the specific relief requested. In a reinstatement hearing the Board shall take into consideration in arriving at its decision the following:
(a) The severity of the offense and/or the seriousness of the violation and the length of time that has lapsed since the action of the Board in revoking, suspending or restricting the certificate of registration.
(b) The occurrence of any new violation of the Uniform Controlled Substances Act committed since the most recent action of the Board; provided however, that it shall not be required that a new violation of any of the offenses and conditions as set forth in Code of Ala. 1975, § 20-2-54(a), be established before the Board can deny an application for reinstatement.
(c) The violation of or deviation from any conditions or restrictions previously imposed upon the registrant by the Board.
(d) The hardships imposed upon the medical practice of the registrant by the previous action of the Board.
(e) The likelihood that the violation which gave rise to the previous action of the Board would be repeated in the future.
(f) The protection of the public and the patients of the registrant.
(g) The physical and mental health of the registrant as it may relate to the ability of the registrant to utilize controlled substances in a safe and effective manner.
(h) The extent of medical knowledge, training and experience of the registrant as those factors may reflect upon the ability of the registrant to utilize controlled substances in a safe and effective manner.
(i) Any other conditions, fact or circumstances which may be deemed relevant by the Board in considering an application for reinstatement.
(4) At any time during the conduct of a reinstatement hearing, on the motion of any party or on its own motion, if the Board shall determine that the evidence indicates that the registrant may be guilty of a new violation of the offense or conditions set forth in Code of Ala. 1975, § 20-2-54(a), then the Board may discontinue the reinstatement hearing and direct that a revocation hearing be set in accordance with Rule 540-X-6-.02(1)(a). Except as specifically modified by these rules, revocation hearings and reinstatement hearings will be governed by and conducted in accordance with the requirements of the Alabama Uniform Controlled Substances Act, and the Alabama Administrative Procedure Act.

Notes

Ala. Admin. Code r. 540-X-6-.02
Filed January 19, 1984 as Rule No. 540-X-6-.03. Rules reorganized--rule number changed to (see conversion table at end of code): Filed June 14, 1984 (without publication in AAM). Amended: Filed October 15, 2008; effective November 19, 2008.

Author: Wendell R. Morgan

Statutory Authority: Code of Ala. 1975, §§ 20-2-53; 20-2-54; 34-24-53; 41-22-1, et seq.

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