Ala. Admin. Code r. 170-X-24-.14

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

Section 170-X-24-.14 - Complaint Procedure

(1) In the event a complaint is filed against a licensee or if the Director determines from other information that an investigation is necessary, the procedure for investigation or complaint shall be as follows:

(a) Upon undertaking an investigation of a licensee, the Director shall notify the licensee of investigation and the charges being investigated.

(b) The Director shall designate individuals to serve on an Investigative Committee. This Investigative Committee shall conduct an investigation of the complaint.

(c) At the end of the investigation, the Investigative Committee shall inform the Director as to whether probable cause exists for the Building Commission to initiate formal disciplinary proceedings, or to forward any necessary information to the appropriate governmental authorities. No member of the Investigative Committee, or any other individual associated with the investigation, shall in any way communicate any information to the Director concerning the facts, merits or substance of the investigation. If the Investigative Committee determines upon its investigation that no probable cause exists, the proceedings will terminate.

(2) In the event the Investigative Committee determines that probable cause exists to initiate formal disciplinary proceedings, the Investigative Committee shall so notify the Director. The Director shall thereafter schedule a proposed hearing date to be held within three months from the Director's receipt of the Investigative Committee's report.

(3) Notice shall be mailed certified mail, return receipt requested, to the most recent address of the licensee on file with the Building Commission. In the event the notice is refused or the return receipt has not been received by the Building Commission at least 10 days before the proposed hearing date, the licensee may be served by mailing a copy of the notice first class mail at least seven days before the proposed hearing date. The notice shall include a notice of the proposed hearing date and the respondent's opportunity to request that the hearing be conducted. The notice shall otherwise substantially comply with Code of Ala. 1975, § 41-22-12(b).

(4) A respondent may request in writing that the hearing be conducted. The request shall be submitted to the Director within 15 calendar days of the date of receipt of notice. Failure to request a hearing within the above time frame shall constitute a waiver of the opportunity for a hearing and shall cause the matter to be submitted to the Director for final action. Should the respondent request a hearing, the date of the hearing will be the proposed date established pursuant to subsection (2) above. Disciplinary Hearings will be conducted as described in Chapter 170-X-24-.16.

(5) Nothing contained herein shall be deemed to prohibit the informal disposition of any matter by stipulation, agreed settlement, consent order or default or by another method agreed upon by the Director and the respondent in writing.

Author: Kippy Tate

Ala. Admin. Code r. 170-X-24-.14

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.