(a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days:
(1) After the hearing is concluded, if conducted by the agency;
(2) After a recommended order, or findings and conclusions are submitted to the agency and mailed to all parties, if the hearing is conducted by a hearing officer; or
(3) After the agency has received the written and oral material it has authorized to be submitted, if there has been no hearing. The 30 day period may be waived or extended with the consent of all parties and may be extended by law with reference to specific agencies.
(b) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record which support the findings. If, in accordance with agency rules, a party submitted proposed findings of fact or filed any written application or other request in connection with the proceeding, the order shall include a ruling upon each proposed finding and a brief statement of the grounds for denying the application or request.
(c) If an agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, it shall recite with particularity the facts underlying such findings in the final order, which shall be appealable or enjoinable from the date rendered.
(d) Parties shall be notified either personally or by certified mail return receipt requested of any order and, unless waived, a copy of the final order shall be so delivered or mailed to each party or to his or her attorney of record. Provided, however, that, except as hereinafter provided, notification of any order other than a final decision or order subject to judicial review may, where permitted by existing statute, be delivered by first class mail, postage prepaid, and delivery shall be effective upon deposit of the notice and, unless waived, the final order in the mail; provided, the notification of the final order subject to judicial review, together with a copy of the final order, shall be delivered either by personal service as in civil actions or by certified mail, return receipt requested.
(Acts 1981, No. 81-855, p. 1534, §16; Acts 1986, No. 86-472, p. 880, §1.)
Notes of Decisions
Harrison v. State Dep't of Indus. Relations, 42 So. 3d 132 (Ala. Civ. App. 2010).
· cites it 29× “In his argument that the notice had to be mailed to him by certified mail, Harrison ignores earlier provisions in § 41-22-16 that describe final orders that must be sent to the parties by certified mail.”
Huntsville Hous. Auth. v. State Licensing Bd. for Gen. Contractors, 179 So. 3d 146 (Ala. Civ. App. 2014).
· cites it 13× “Once the Board complies with all of the requirements of § 41-22-16, including fo- *157 suing a written final decision containing findings of fact and conclusions of law, then and only then will the time in which HHA has to appeal the decision begin to run.”
Ex Parte Shelby Med. Ctr., Inc., 564 So. 2d 63 (Ala. 1990).
· cites it 5× “See commentary to § 41-22-16. SHPDA makes two claims in response to this failure to make factual findings.”
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
· cites it 6× “6 The circuit court also concluded that Garner did not receive a timely decision from the Board pursuant to § 41-22-16(a), Ala.Code 1975. Section 41-22-16(a)(1) and (2) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and…”
Noland Health Servs., Inc. v. State Health Plan. & Dev. Agency, 44 So. 3d 1074 (Ala. 2010).
· cites it 6× “Section 41-22-16(a) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days: “(1) After the…”
Alabama State Pers. Bd. v. Hardy, 27 So. 3d 540 (Ala. Civ. App. 2008).
· cites it 5× “” Pursuant to its regulations, the Board has adopted a procedure for hearing appeals that is controlled by subsection (a)(2) of § 41-22-16. See Alabama State Pers. Bd. v.”
M.H. v. Cleburne Cnty. Dep't of Human Resources, 158 So. 3d 471 (Ala. Civ. App. 2014).
· cites it 3× “Code 1975, a part of the AAPA, provides that a “final order in a proceeding which affects substantial interests shall be in writing and made a part of the record” within 30 days after the conclusion of the hearing.”
R.R. Com'n of Texas v. Lone Star Gas Co., 656 S.W.2d 421 (Tex. 1983).
“, Ala.Code § 41-22-16(a) (1975) (final order be rendered within thirty days after hearing is concluded, the examiner’s report filed, or all written material filed); Fla.”
— Ala. Code § 41-22-16(a) — 13 cases
Huntsville Hous. Auth. v. State Licensing Bd. for Gen. Contractors, 179 So. 3d 146 (Ala. Civ. App. 2014).
“Once the Board complies with all of the requirements of § 41-22-16, including fo- *157 suing a written final decision containing findings of fact and conclusions of law, then and only then will the time in which HHA has to appeal the decision begin to run.”
Noland Health Servs., Inc. v. State Health Plan. & Dev. Agency, 44 So. 3d 1074 (Ala. 2010).
“Section 41-22-16(a) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within 30 days: “(1) After the…”
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
“6 The circuit court also concluded that Garner did not receive a timely decision from the Board pursuant to § 41-22-16(a), Ala.Code 1975. Section 41-22-16(a)(1) and (2) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and…”
R.R. Com'n of Texas v. Lone Star Gas Co., 656 S.W.2d 421 (Tex. 1983).
“, Ala.Code § 41-22-16(a) (1975) (final order be rendered within thirty days after hearing is concluded, the examiner’s report filed, or all written material filed); Fla.”
M.H. v. Cleburne Cnty. Dep't of Human Resources, 158 So. 3d 471 (Ala. Civ. App. 2014).
“Code 1975, a part of the AAPA, provides that a “final order in a proceeding which affects substantial interests shall be in writing and made a part of the record” within 30 days after the conclusion of the hearing.”
— Ala. Code § 41-22-16(a)(1) — 1 case
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
“6 The circuit court also concluded that Garner did not receive a timely decision from the Board pursuant to § 41-22-16(a), Ala.Code 1975. Section 41-22-16(a)(1) and (2) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and…”
— Ala. Code § 41-22-16(a)(2) — 2 cases
Alabama State Pers. Bd. v. Garner, 4 So. 3d 545 (Ala. Civ. App. 2008).
“6 The circuit court also concluded that Garner did not receive a timely decision from the Board pursuant to § 41-22-16(a), Ala.Code 1975. Section 41-22-16(a)(1) and (2) provides: “(a) The final order in a proceeding which affects substantial interests shall be in writing and…”
— Ala. Code § 41-22-16(a)(l) — 2 cases
M.H. v. Cleburne Cnty. Dep't of Human Resources, 158 So. 3d 471 (Ala. Civ. App. 2014).
“Code 1975, a part of the AAPA, provides that a “final order in a proceeding which affects substantial interests shall be in writing and made a part of the record” within 30 days after the conclusion of the hearing.”
Alabama State Pers. Bd. v. Hardy, 27 So. 3d 540 (Ala. Civ. App. 2008).
“” Pursuant to its regulations, the Board has adopted a procedure for hearing appeals that is controlled by subsection (a)(2) of § 41-22-16. See Alabama State Pers. Bd. v.”
— Ala. Code § 41-22-16(b) — 3 cases
Ex Parte Shelby Med. Ctr., Inc., 564 So. 2d 63 (Ala. 1990).
“See commentary to § 41-22-16. SHPDA makes two claims in response to this failure to make factual findings.”
— Ala. Code § 41-22-16(d) — 5 cases
Harrison v. State Dep't of Indus. Relations, 42 So. 3d 132 (Ala. Civ. App. 2010).
“In his argument that the notice had to be mailed to him by certified mail, Harrison ignores earlier provisions in § 41-22-16 that describe final orders that must be sent to the parties by certified mail.”
Huntsville Hous. Auth. v. State Licensing Bd. for Gen. Contractors, 179 So. 3d 146 (Ala. Civ. App. 2014).
“Once the Board complies with all of the requirements of § 41-22-16, including fo- *157 suing a written final decision containing findings of fact and conclusions of law, then and only then will the time in which HHA has to appeal the decision begin to run.”
TheraTrue Alabama, LLC v. Alabama Med. Cannabis Comm'n & Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Hon. Charles Price, Dr. William Saliski, Loree Skelton, Dr. Jerzy Szaflarski, Dr. H. Mac Barnes, & Dion Robinson, in their Off. capacities as members of the Alabama Med. Cannabis Comm'n (Appeal from Montgomery Circuit Court: CV-24-58). (Ala. Civ. App. 2024).
Se. Cannabis Co., LLC & Yellowhammer Med. Dispensaries, LLC v. Alabama Med. Cannabis Comm'n & Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Hon. Charles Price, Dr. William Saliski, Loree Skelton, Dr. Jerzy Szaflarski, Dr. H. Mac Barnes, & Dion Robinson, in their Off. capacities as members of the Alabama Med. Cannabis Comm'n (Appeal from Montgomery Circuit Court: CV-24-58). (Ala. Civ. App. 2024).
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