Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SOLID WASTE PROGRAMENVIRONMENTAL MANAGEMENT COMMISSION
Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 335-2-1-.17 - Order

Ala. Admin. Code r. 335-2-1-.17

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Current through Register Vol. 42, No. 8, May 31, 2024
Section 335-2-1-.17 - Order
(1) Within thirty days after the conclusion of a hearing contesting an administrative action of the Department, other than the issuance of an emergency order, the Commission shall issue an appropriate order modifying, approving, or disapproving the Department's action unless all the parties agree to some other period of time.
(2) Within such time as may be reasonable under the circumstances but not later than thirty days after the conclusion of a hearing contesting the issuance of an emergency order, unless all the parties agree to some other period of time, the Commission shall issue an appropriate order modifying, approving, or disapproving the Department's action.
(3) Any order of the Commission modifying, approving, or disapproving the Department's administrative action shall be in writing and shall include findings of fact and conclusions of law separately stated. Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record. Findings of fact, if set forth in a manner which is no more than mere tracking of statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record which support the findings.
(4) The Hearing Officer's recommendation shall be given due weight but is not binding on the Commission.
(5) A copy of the order of the Commission shall be served upon each of the parties either personally, by registered mail, or by certified mail return receipt requested.
(6) In the case of the imposition of civil penalties in an administrative order, the Commission may increase or decrease the penalty assessed based upon the evidence presented as applied to the six penalty factors found at Code of Ala. 1975, Section 22-22A-5(18).

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.17

Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.