Ala. Admin. Code r. 170-X-24-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 170-X-24-.07 - Denial Of License

(1) Grounds for Denial. The Director may deny an application for a license or a license renewal for the applicant's failure to meet any requirement or standard established by the Act or these rules.

(2) Notice of Denial. The Building Commission shall give any applicant whose application for licensure or renewal is denied a written notice specifying the reason for the denial.

(3) Reconsideration.

(a) An applicant denied a license shall be given an opportunity to be re-considered after filing a new application and paying an additional application fee; provided, however, the Director in his discretion may waive any application requirements regarding the filing of any additional forms or the payment of any additional fees.

(b) An applicant who claims to have been wrongfully denied a license may request reconsideration of the Director's decision at any time within 45 days after the date of the Director's notice of denial. This request for reconsideration must be in writing and must include evidence that the Director relied on inaccurate or incomplete information in denying the applicant a license; evidence of rehabilitation or the elimination or cure of the grounds on which the denial was based; or other explanatory evidence bearing on the applicant's record. In connection with this request for reconsideration, the applicant shall be entitled to appear before a technical committee designated by the Director, in order to present the request. Applicants requesting reconsideration of denial shall be notified of the opportunity to appear before the committee by letter, mailed certified mail, return receipt requested, to the most recent address on file with the Building Commission at least 15 days prior to the scheduled date of the committee meeting. The notice shall also otherwise substantially comply with the requirements found in Code of Ala. 1975, § 41-22-12(b). In the event an applicant receives less than 15 days' notice as described herein, the Director may grant a continuance until the next meeting date. The committee shall report to the Director its recommendation concerning the applicant's request for reconsideration. The Director shall be solely responsible for deciding whether or not to grant or deny the applicant a license. Should the Director deny the applicant his or her license, the applicant shall thereafter be entitled to appeal that decision to circuit court, as provided in Rule 170-X-24-.18.

Author: Kippy Tate

Ala. Admin. Code r. 170-X-24-.07

New Rule: Filed September 23, 2002; effective October 28, 2002.

Statutory Authority:Code of Ala. 1975, §§ 34-14B-1, et seq.; 41-9-140, et seq.