Ala. Admin. Code r. 330-X-16-.07

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

Section 330-X-16-.07 - Reissuance Of Licensure Or Certification After Revocation, Surrender, Or Suspension

(1) Revocation or Surrender. Any person, corporation, partnership, or firm whose license, certification, or certificate of authorization has been revoked or surrendered may apply, when permitted by Law, to the Board for reissuance of the license, certification, or certificate of authorization. Eligibility for reissuance is as outlined in Section 34-11-12, Code of Ala. 1975.

(a) In the application for reissuance, the applicant should state why the license, certification, or certificate of authorization should be reissued and should specifically set forth any changed circumstances which would justify reissuance. The fee for a reissuance application will be the same fee as set by the Board for an original application. The fee shall accompany the application.

(b) Upon receipt of such application the Board shall grant the applicant a hearing on reissuance, at which time the applicant may appeal to the Board to reissue his or her license, certification, or certificate of authorization. The hearing shall be held within a reasonable time after receipt of the application or at such time agreed upon by stipulation between the applicant and the Executive Director.

(c) At least a quorum of the Board must be present to hold a hearing.

(d) Evidence including oral testimony, shall be freely admitted. The applicant shall be allowed to have counsel present if desired.

(e) The Board shall issue a final decision within thirty days of the date of the hearing, which shall include findings of fact and official action taken. The applicant shall be delivered a copy of the decision by first class and registered mail.

(f) The decision of the Board may be appealed to the circuit court of Montgomery County within thirty day of the decision of the Board.

(g) The record on appeal shall be certified by the Executive Director of the board, and shall include the entire record including a transcript of the hearing, if a transcript is made.

(2) Suspension. Any person, corporation, partnership, or form whose license, certification, or certificate of authorization has been suspended may apply, when permitted by Law, to the Board for reissuance of the license, certification, or certificate of authorization.

(a) Thirty days prior to the completion of the suspension, the Board will send a notification to the suspended person, corporation, partnership, or firm outlining the necessary actions that need to be taken in order for the license, certification, or certificate of authorization to be reissued.

(b) If all conditions for reissuance of a license or a certificate of authorization have been met, but a request for reissuance is not received within thirty days after completion of the suspension period, the status of the license or certificate of authorization will be changed to expired.

(c) If a request for reissuance is not received within two years from the time the license is placed in expired status, a new application will be required, and the applicant must meet the eligibility requirements of the current law and administrative code.

(d) If a request for reissuance is not received within two years from the time the certificate of authorization is placed in expired status, a new application will be required.

(e) If all conditions for reissuance for a certification have been met, the status of the certification will be changed to active.

Ala. Admin. Code r. 330-X-16-.07

Filed September 22, 1982. Amended: Filed November 14, 1984. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed June 19, 2008; effective July 24, 2008.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/31/2018.

Rule 330-X-1-.08 was renumbered 330-X-1-.07 as per certification filed September 23, 1998; effective October 28, 1998. Original 330-X-1-.07 was repealed.

Authors: Rick Huett (Executive Director), Bonnie Kelly and Griffin Pritchard, Alabama State Board of Registration for Professional Engineers and Land Surveyors

Statutory Authority:Code of Ala. 1975, §§ 34-11-12, 34-11-35.