Ala. Admin. Code r. 330-X-16-.01

Current through Register Vol. 42, No. 8, May 31, 2024

Section 330-X-16-.01 - Complaints

The Board may initiate action in cases where a person's actions or business entity's actions are in violation of the law. Complaints must be filed within two years of the date the violation occurred or within two years of the date of the discovery of the violation but no later than 10 years from the date of the violation. Any violation that was caused by fraud, deceit, or concealment, however, is not subject to the 10-year time limitation. Upon receipt of a signed complaint from any person that an individual has violated the law and/or the rules of the Board, the Board may assemble the facts, obtain legal guidance, follow the case to completion based on the legal guidance given and begin administrative action, levy a civil administrative penalty, file a civil action, and/or refer the matter for criminal prosecution

(1) A complaint initiated by an individual or entity against a licensee or non-licensee shall be submitted in a format provided by the Board and shall contain:

(a) Name and address of the complaining party as well as the name and address of the individual or entity against which the complaint has been filed.

(b) A plain and concise statement of the facts which indicate that the provisions of Code of Ala. 1975, Chapter 11, Title 34, rules promulgated by the Board, or Rules of Professional Conduct (Code of Ethics) may have been violated.

(c) The signature of the complainant.

(2) A complaint may be initiated by the Board or board staff against a licensee or non-licensee. The complaint shall be referred to an investigative committee to determine if sufficient facts are present that indicate provisions of Chapter 11, Title 34, Code of Ala. 1975, Rules promulgated by the Board, or Rules of Professional Conduct (Code of Ethics) have been violated. If sufficient evidence is present, the investigation will proceed in strict accordance with due process.

(3) All disciplinary cases involving geology/ engineering or other profession overlaps will be referred to the board issuing the license for hearing and disposition. The complaining board may have a board member or designated representative at the hearing for liaison and evidence as necessary.

Ala. Admin. Code r. 330-X-16-.01

Filed September 22, 1982. Amended: Filed November 14, 1984; September 15, 1987; July 13, 1992. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed April 29, 2003; effective June 3, 2003. Amended: Filed December 15, 2004; effective January 19, 2005. Amended: Filed October 30, 2006; effective December 4, 2006. Amended: Filed December 12, 2008; effective January 16, 2009.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/9/2015.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 02, November 30, 2021, eff. 1/14/2022.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 02, November 30, 2022, eff. 1/14/2023.

Authors: William R. Huett, (Executive Director), Bonnie Kelly

Statutory Authority:Code of Ala. 1975, §§ 34-11-11, 34-11-15, 34-11-16, 34-11-35.