Ala. Admin. Code r. 364-X-16-.01

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

Section 364-X-16-.01 - Filing Of Complaints And Charges

(1) Any person, business, or other entity, including a member of the Board, may file with the Secretary of the Board a complaint or charge of any misconduct or other circumstance listed under Section 34-41-19, Code of Ala. 1975. Such a complaint or charge must be in writing and sworn to. Complaints shall be referred to a standing investigative committee of the Board consisting of a board member, the Board's investigator, the executive secretary, and the Board's attorney. The investigative committee shall submit a report to the Board as to the validity or merit of the complaint or charge. After consideration of any complaint or charge by the investigative committee, the Board may give notice of an administrative hearing under the Alabama Administrative Procedure Act, or may take other action as provided by regulation or statute. All complaints or charges received by the Board are to be held in confidential status until the investigative committee reviews the allegations and recommends further action.

(2) Examples of conduct for which the Board may take disciplinary action under Code of Ala. 1975, Section 34-41-19, shall include, but not limited to, the following:

(a) basic scientific principles are ignored;

(b) critical factors are not investigated;

(c) data are not analyzed or are selectively analyzed;

(d) data collection is incomplete or inappropriate;

(e) unsupported assumptions are made or unsupported conclusions reached;

(f) misleading presentations of data;

(g) conclusions or recommendations that lack the support from the presented data.

Author: Thornton Neathery

Ala. Admin. Code r. 364-X-16-.01

New Rule: Filed May 10, 1996; effective June 14, 1996. Repealed and New Rule: Filed March 5, 2002; effective April 9,2002.

Statutory Authority:Code of Ala. 1975, § 34-41-17.