HB 294 Summary

• Amends Section 22-21-275 of the Alabama Code to change the appeal process for Certificate of Need (CON) Board decisions from circuit court to the Alabama Court of Civil Appeals.

• Establishes monetary limits on administrative law judge fees and costs in contested CON applications, with fees based on a standard hourly rate approved by the SHPDA Executive Director and shared pro rata among all parties.

• Streamlines contested case processing by requiring public hearings before administrative law judges to begin within 45 days of assignment and be completed within 90 days, with recommended orders issued within 45 days of transcript completion.

• Allows automatic extension of the 90-day project review period without applicant consent for time needed to accommodate referral to an administrative law judge and issuance of a recommended order.

• Applies retroactively to all pending CON applications and appeals as of the effective date, transferring any pending circuit court appeals to the Alabama Court of Civil Appeals.