Ala. Admin. Code r. 290-030-050-.09

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

Section 290-030-050-.09 - Appeals Procedures

Any person or school aggrieved by the actions of the Alabama State Department of Education with respect to exemption, issuance, denial, deferral, probation, suspension, or revocation of a license or permit provided for in Code of Ala. 1975, § § 16-46-3, 16-46-5, and 16-46-6 and Alabama Administrative Code 290-030-050 may file a petition for review with the Alabama State Board of Education. The petition shall be filed with the State Superintendent of Education within thirty (30) calendar days after the person or school has been served a notice of proposed action.

(1) Notice of Action.

(a) A proposed action against a person or school shall be initiated by service of a written notice of the proposed action.

(b) The notice shall contain:

1. a statement of the nature of the action;

2. a statement of the legal authority and jurisdiction under which the action is made;

3. a reference to the particular sections of statutes and rules involved; and

4. a short and plain statement of the reasons for the proposed action. If the Department is unable to state the reasons in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by the person or school, hereinafter designated respondent, a more definite statement shall be furnished.

(2) Service of Notice.

(a) The notice may be served in any of the following ways:

1. personal service;

2. regular mail; or

3. certified mail, return receipt requested.

(3) Petition for Review.

(a) An aggrieved person or school may request a hearing to review a proposed action. The request shall be

1. made in writing;

2. addressed to the State Superintendent of Education; and

3. received by the State Superintendent of Education within thirty (30) calendar days of the date of receipt of notice of the proposed action.

(b) 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 State Superintendent of Education for final action without any action by the State Board of Education.

(c) If a hearing is requested within the above time frame, the State Board of Education authorizes the State Superintendent of Education to appoint a hearing officer to conduct a hearing.

(4) Conduct of Hearing.

(a) In the conduct of a hearing, a hearing officer shall have the authority to:

1. establish a date, time and place for the hearing;

2. maintain order;

3. make a record of the proceedings;

4. establish reasonable time limits for the conduct of proceedings;

5. rule on the admissibility of evidence;

6. hold a prehearing conference, if necessary, to clarify the matters in dispute; establish the order of presentation; allow for the exchange of exhibits and names of witnesses; establish time limits for the exchange of exhibits and names of witnesses; and

7. enter an order on any other matter which would effectuate the conduct of the hearing.

(b) The hearing shall be open to the public.

(c) A respondent may be represented by counsel at his/her own expense.

(5) Settlement. Informal dispositions may be made of any matter set for hearing by stipulation, agreed settlement, consent order or default or by another method agreed upon by the parties in writing.

(6) Record of Proceedings.

(a) The record of a hearing shall include:

1. the notice of proposed action;

2. the request for a hearing;

3. all evidence received during the hearing;

4. a transcript of the proceedings;

5. a statement of all matters officially noticed;

6. all questions and offers of proof, objections and rulings thereon;

7. the written recommendation of the hearing officer; and

8. the final order of the State Superintendent of Education.

(b) Oral proceedings shall be recorded by a qualified shorthand reporter. Oral proceedings shall be transcribed at the request of any party with the expense of transcription borne by the requesting party. The record of oral proceedings shall be maintained by the State Department of Education for five (5) years from the date of entry of the final order.

(7) Rules of Evidence. The rules of evidence as provided in Code of Ala. 1975, § 41-22-13 shall apply to all hearings conducted under these rules.

(8) Final Order.

(a) Upon completion of a hearing, the hearing officer shall prepare and submit to the State Superintendent of Education a proposed order. The proposed order shall include a statement of facts found by the hearing officer, a recitation of the application of the facts found to the applicable statutes and regulations, and a recommendation as to the appropriate disposition of the matter. The proposed order along with the record shall be submitted to the State Superintendent of Education within thirty (30) days after the hearing is concluded. By agreement, the parties may waive or extend the thirty (30) day time period.

(b) Within ten (10) days after receipt of the proposed order, the State Superintendent of Education shall serve by certified mail the same on the parties. By agreement, the parties may waive or extend the ten (10) day time period.

(c) Within ten (10) days of receipt of the proposed order, each party may file written exceptions and briefs, not to exceed ten (10) typewritten, double-spaced pages and a request for oral argument which shall be mailed to the State Superintendent of Education. The proposed order shall become the final order of the State Board of Education unless exceptions are filed.

(d) If oral argument is requested, the same shall be scheduled at the discretion of the State Board of Education. The length of oral argument shall be set by the State Board of Education, but shall not exceed ten (10) minutes per party.

(e) The State Board of Education shall issue a final order no later than sixty (60) days after either the review of written exceptions and briefs or completion of oral arguments. By agreement, the parties may waive or extend the sixty (60) day time period.

(9) Judicial Review. A person or school who has exhausted all administrative remedies available and who is aggrieved by a final order of the State Board of Education may seek judicial review pursuant to the provisions of Code of Ala. 1975, § 16-46-9.

Author: Dr. Eddie R. Johnson.

Ala. Admin. Code r. 290-030-050-.09

June 13, 1991 adopted effective July 25, 1991.

Statutory Authority:Code of Ala. 1975, § 16-46-9, as amended.