410-1-8-.22. Substance And Limitation Of Fair Hearing

(1) The fair hearing shall be heard de novo as a contested case in accordance with Code of Ala. 1975, §§41-22-12 and 41-22-13. The record of the hearing before the Certificate of Need Review Board and the Order issued by the Board shall be part of the record and shall be given due consideration by the Fair Hearing Officer. The applicant may not submit evidence that would constitute an untimely amendment of its application as deemed complete by SHPDA. (2) The fair hearing appeal proceedings shall be conducted pursuant to the requirements of the Alabama Administrative Procedure Act, Title 41, Chapter 22, Code of Ala. 1975.