Ala. Admin. Code r. 262-X-3-.06

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

Section 262-X-3-.06 - Procedure In Contested Cases

(1) Authority:

(a)Code of Ala. 1975, § 15-23-10(a)(b)(c), (1995), which provides:

(2) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the claim.

(3) In a contested case, all parties shall be afforded an opportunity for a hearing after reasonable notice pursuant to regulations promulgated by the commission. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the commission.

(4) The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.

(a) In the event that a crime victims' compensation claim is approved in a modified form, not approved, or approved -but reduced, the Commission shall notify the claimant by certified mail, return receipt requested, within ten (10) calendar days of the Commission's action setting forth the basis of the Commission's decision.

(b) The claimant shall have the right to appeal the Commission's final decision. The claimant may appeal the final decision by notifying the Commission's Executive Director in writing of the intent to appeal within thirty (30) calendar days of receiving the letter setting forth the Commission's decision. The appeal request must be received by the Commission within thirty (30) calendar days. Regular mail is accepted. However, certified mail is strongly recommended. The claimant must sign the request for a contested case hearing (administrative appeal hearing) in order for it to be processed.

(c) All contested case hearings shall be held in accordance with the Alabama Administrative Procedures Act.

(d) All claimants shall receive a minimum of thirty (30) days' notice of the contested case hearing.

(e) Pursuant to § 41-22-12(a)Code of Ala. 1975, the Commission shall deliver to the claimant the notice of the contested case hearing by first class mail, postage prepaid, to be effective upon the deposit of the notice in the mail. The notice of the administrative appeal hearing shall also be delivered to the claimant by certified mail, return receipt requested.

(f) In a contested case hearing, all parties shall be afforded an opportunity to appear and be heard.

(g) The claimant may request that subpoenas be issued for the contested case hearing.

(h) The Commission shall render its decision relative to the contested case hearing within ten (10) calendar days of the formal hearing and the claimant will be notified by certified mail, return receipt requested.

(i) An impartial governmental hearing officer from a list certified by the State of Alabama Personnel Department shall be provided by the Commission to preside over all contested case hearings and perform such parliamentary functions as he/she deems necessary. The Commission shall render the final decision in the claim. A certified court reporter shall be used to transcribe each appeal hearing. A record of the proceedings shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the Commission.

(j) The claimant's contested case hearing will be dismissed if he/she fails to appear without good cause.

Ala. Admin. Code r. 262-X-3-.06

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 10, July 31, 2014, eff. 8/12/2014.

Author: Dr. Cassie T. Jones

Statutory Authority:Code of Ala. 1975, §§ 15-23-5(14).