HB229 Alabama 2011 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2011

Title

State Health Planning and Development Agency, contested cases hearings, administrative law judges, employment, procedures and time periods for hearings, Sec. 22-21-275 am'd.

Summary

HB229 would let the State Health Planning and Development Agency hire full-time administrative law judges to handle contested certificates of need cases and establish hearing procedures.

What This Bill Does

It authorizes SHPDA to employ administrative law judges to conduct contested cases before the agency, either as full-time employees or by contracting with judges as needed. ALJs must be members of the Alabama State Bar for at least 10 years and have at least 5 years of health care law experience. Hearings would follow rules under the Alabama Administrative Procedure Act, with timelines requiring assignment within 60 days, hearings to start within 30 days, be completed within 90 days, and a recommended order due within 45 days after the transcript. The bill also creates public hearings, allows appeals of SHPDA decisions to circuit court, and authorizes cost recovery for ALJ services; if no full-time ALJ is available, the executive director can appoint a qualified alternative.

Who It Affects

• Certificate of Need applicants and other parties contesting SHPDA decisions would have hearings conducted by an administrative law judge, with defined timelines, public hearings, and the right to appeal to a circuit court.
• SHPDA staff, potential ALJs, and health-law attorneys would implement the new system, hire ALJs (full-time or contracted), and charge parties for ALJ costs.

Key Provisions

• SHPDA may employ administrative law judges as full-time employees under the state Merit System; ALJs must be Alabama State Bar members in good standing for at least 10 years and have at least 5 years of health care law experience; employing ALJs does not prevent SHPDA from contracting with other specialized attorneys.
• Contested cases assigned to an ALJ within 60 days; hearings begin within 30 days; hearings completed within 90 days; a recommended order issued within 45 days after transcript, unless otherwise agreed.
• Rules for review procedures include a 90-day project review period from completeness, possible extensions, nonsubstantive review for capital expenditures up to $500,000, and provisions for public hearings.
• Public hearings and reconsideration: contested cases require public hearings; aggrieved parties may request reconsideration within 15 days; a fair hearing via a Governor-designated ALJ is available; final decisions may be appealed to the circuit court.
• Costs: SHPDA will charge parties for ALJ costs and will implement these provisions through rules under the Alabama Administrative Procedure Act.
• Effective date: October 1, 2011.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Health Planning and Development Agency