Applicants or their duly authorized representatives may appeal any official decisions made by the Commission. This includes all reservations, approvals, and denials, made by the Commission with regard to an Application and Rehabilitation Plan submitted under these regulations. Appeals are an administrative review and not an adjudicative proceeding. Appeals must be requested in writing by the Applicant or duly authorized representative within thirty (30) days of the receipt by the owner or the owner's duly authorized representative of the decision being appealed. The Executive Director of the Commission or his designee shall determine if a hearing is necessary and if so the appeal will be scheduled within sixty (60) days of the request. The Executive Director or his designee will coordinate with the Applicant a date and time that would be mutually acceptable to both parties. All appeals will be held at the Alabama Historical Commission offices. The Applicant will have a reasonable opportunity to present information in support of its appeal. The Executive Director of the Commission or his designee will then have thirty (30) days to issue a decision in writing as to whether or not to grant the request made in the appeal.
Ala. Admin. Code r. 460-X-23-.11
Author: Chloe Mercer, David Schneider
Statutory Authority: Act 2013-241
The amendment to this section by Alabama Administrative Monthly Volume XXXII, Issue No. 12, September 30, 2014, file. 9/3/2014 is not yet available.