HB443 Alabama 2015 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2015

Title

State Health Planning and Development Agency, final decisions, appeals to Court of Civil Appeals, exclusive method of appeal, Sec. 22-21-275 am'd.

Summary

HB443 would make direct appeal to the Alabama Court of Civil Appeals the exclusive way to challenge SHPDA decisions, changing how such decisions are reviewed and appealed.

What This Bill Does

It establishes that any final SHPDA decision must be appealed directly to the Alabama Court of Civil Appeals, overriding the Administrative Procedure Act. It sets deadlines and record-transfer requirements for appeals (21 days to file notice, 30 days to transmit the record, with the appellant paying costs) and ensures the Court must hear timely appeals. It also extends the exclusive direct-appeal framework to decisions issued after an administrative-law-judge hearing and outlines SHPDA’s expanded review procedures, public hearings, and access to information to promote transparency.

Who It Affects

• Aggrieved parties (such as applicants, providers, or adversaries of SHPDA decisions) who must use the exclusive direct-appeal route to the Court of Civil Appeals and who face fixed timelines and cost responsibilities.
• SHPDA, health service providers and applicants, and members of the public who participate in SHPDA review processes, including public hearings, access to information, and annual reporting requirements.

Key Provisions

• Exclusive right to appeal: final SHPDA decisions must be appealed directly to the Alabama Court of Civil Appeals; the Administrative Procedure Act does not apply to these appeals.
• Appeal process and costs: an appeal is perfected by filing within 21 days of the final decision; SHPDA must transmit the administrative record within 30 days; the appealing party pays costs associated with the record and transcript.
• Court of Civil Appeals role: the Court must hear timely appeals and has no discretion to refuse to hear them if properly filed.
• ALJ decisions subject to exclusive appeal: decisions from SHPDA after a public/ALJ hearing are also reviewable via the same exclusive direct-appeal route to the Court of Civil Appeals.
• Review procedures and timelines: SHPDA must adopt rules for review procedures, including project review periods (90 days from completeness, with possible extensions) and provisions for extensions, as well as a nonsubstantive review for certain capital expenditures up to $500,000 with specific limits.
• Public participation and transparency: SHPDA must provide public notification of application receipt, review periods, hearings, and final decisions; there must be public access to applications and related materials; annual reporting on reviews and decisions is required.
• Contested hearings framework and costs: public hearings before an administrative law judge follow specified timelines and fee structures, with costs apportioned pro rata among parties.

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