SB440 Alabama 2015 Session

Summary

Primary Sponsor

Cam Ward

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

SB440 makes direct appeal to the Alabama Court of Civil Appeals the exclusive method to challenge SHPDA final decisions.

What This Bill Does

SB440 changes the appeal path so that any aggrieved party must appeal SHPDA final decisions directly to the Alabama Court of Civil Appeals. A party must file a notice of appeal within 21 days after the decision becomes final, and SHPDA must transmit the case record to the Court within 30 days of the notice. The appeal proceeds under the Alabama Rules of Appellate Procedure, and the Court cannot refuse timely appeals. The appealing party must pay for the administrative record and transcript costs.

Who It Affects

• Aggrieved parties (such as applicants for certificates of need or opponents) who want to challenge SHPDA decisions; they are limited to direct appeal to the Court of Civil Appeals with defined deadlines and cost responsibilities.
• State Health Planning and Development Agency (SHPDA) staff and operations; they must transmit the administrative record within 30 days of a notice of appeal and follow the new exclusive appeal process.

Key Provisions

• The exclusive right of direct appeal from SHPDA final decisions is to the Alabama Court of Civil Appeals.
• This exclusivity applies notwithstanding the Administrative Procedure Act; no other appeal path may be used for final SHPDA decisions.
• An appeal must be perfected by filing a written notice of appeal within 21 days after the decision becomes final.
• SHPDA must transmit the administrative record to the Court of Civil Appeals within 30 days after the notice of appeal is filed, and the appealing party bears the costs for the record and transcript.
• The appeal proceeds under the Alabama Rules of Appellate Procedure, and the Court of Civil Appeals has no discretion to refuse timely appeals.

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