Ala. Admin. Code r. 190-X-4-.05

Current through Register Vol. 43, No. 02, November 27, 2024

Section 190-X-4-.05 - Disciplinary Hearings

(1)Conduct of Hearing. Hearing Officer. The Board shall appoint a person to act as an impartial hearing officer at any disciplinary hearing. Such hearing officer shall preside at the hearing and shall rule on all questions of evidence and procedure notwithstanding any other provisions of these rules to the contrary.

(2) The procedure and format of the hearing shall be the same as that utilized in non-jury civil cases in the Circuit Courts of this State. Additionally, the Board is allowed the right to examine any witness called by either party.

(3)Order. The Board shall render a final Order within forty-five (45) days of the date of the hearing, which shall be in writing and made part of the record and include findings of fact and conclusions of law specifically stated. The licensee and/or permit holder shall be delivered a copy of the Order by Certified mail, return receipt requested, and a copy shall be mailed first class to the attorney of record.

(4)Evidence. Evidence shall be admitted in accordance with Code of Ala. 1975, §§ 41-22-13 and 34-24-173.

(5)Emergencies. The Board may in any emergency situation, when danger to the public health, safety, and welfare requires, suspend a license and/or permit without hearing or with an abbreviated hearing in accordance with the Code of Ala. 1975, §§ 41-22-19(4) and 34-24-174(c).

(6)Other. The hearing shall otherwise be conducted in compliance with the provision of the Alabama Administrative Procedures Act.

Ala. Admin. Code r. 190-X-4-.05

Filed September 30, 1982. Amended: Filed January 19, 1988; January 29, 1990; August 18, 1992. Amended: Filed September 7, 1999; effective October 12, 1999. Amended: Filed June 18, 2009; effective July 23, 2009. Amended: Filed October 17, 2013; effective November 21, 2013.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 9/7/2019.

Author: Steve Dodd, Assistant Attorney General

Statutory Authority:Code of Ala. 1975, §§ 34-24-144, 34-24-165, 34-24-168, 41-22-13, 41-22-16(3).