(a) The State Board of Health may promulgate and adopt rules it deems necessary to carry out its responsibilities under this chapter and under relevant federal laws and regulations pursuant to the Alabama Administrative Procedure Act (ยง41-22-1, et seq.). The rules shall have the force and effect of law and shall include, but not be limited to, an administrative appeal process for vendors subject to sanctions under this chapter and the rules promulgated pursuant to this chapter.
(b) The Alabama Administrative Procedure Act shall apply to all administrative rules and procedures of the board under this chapter, except that in case of conflict between the Alabama Administrative Procedure Act and this chapter, this chapter shall control. The Alabama Administrative Procedure Act shall not apply to the adoption of any rule required by federal law in which the board is precluded from exercising any discretion.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 12C - Administration of Women, Infants, and Children Program.
Section 22-12C-1 - Definitions.
Section 22-12C-2 - Adoption of Rules; Application of Alabama Administrative Procedure Act.
Section 22-12C-3 - Procedures for Investigations, Sanctions, Penalties and Contract Terminations.
Section 22-12C-4 - Collection of Erroneously Paid Moneys; Collection Costs Recoverable.
Section 22-12C-7 - Fraud or Abuse as a Misdemeanor; Fraud Defined.
Section 22-12C-8 - Appeal of Adverse Action; Conflict With Federal Law.