(a) The provisions of this chapter concerning contested cases shall apply to the grant, denial, revocation, suspension, or renewal of a license.
(b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
(c) No revocation, suspension, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license.
(d) If the agency finds that danger to the public health, safety, or welfare requires emergency suspension of a license and states in writing its reasons for that finding, it may proceed without hearing or upon any abbreviated hearing that it finds practicable to suspend the license. The suspension shall become effective immediately, unless otherwise stated therein. The suspension may be effective for a period of not longer than 120 days and shall not be renewable. An agency shall not suspend the same license for the same or a substantially similar emergency within one calendar year from its first suspension unless the agency clearly establishes that it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next nine months. When such summary suspension is ordered, a formal suspension or revocation proceeding under subsection (c) of this section shall also be promptly instituted and acted upon.
Structure Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-1 - Short Title.
Section 41-22-3 - Definitions.
Section 41-22-5.2 - Review of Existing Rules.
Section 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.
Section 41-22-13 - Rules of Evidence in Contested Cases.
Section 41-22-14 - Intervention in Contested Cases.
Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.
Section 41-22-21 - Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
Section 41-22-22 - Joint Committee on Administrative Regulation Review.
Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.
Section 41-22-25 - Construction and Applicability of Chapter.