Ala. Admin. Code r. 482-1-065-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 482-1-065-.06 - Appeal From Hearing Officer's Ruling

(1) Any party or any person whose pecuniary interests are directly and immediately affected by any order of the Commissioner (or refusal or failure to issue any order) may appeal to the appropriate Circuit Court pursuant to Section 27-2-32.

(2)

(a) An appeal from an order of a hearing officer other than the Commissioner must first be made to the Commissioner, who shall either affirm, modify, or rescind the action theretofore taken.

(b) The appeal to the Commissioner shall be on the record, for which notice of appeal must be filed with the Commissioner within thirty (30) days from the date of the order from which appealed. The Commissioner shall give notice to all parties of the date on which the transcript and record are completed and filed.

(c) The Appellant may serve and file a brief within fourteen (14) days after the date of the Commissioner's notice, in which brief oral argument may be requested.

(d) The Appellee may serve and file a brief within fourteen (14) days after service of the brief of the Appellant, in which brief oral argument may be requested.

(e) The Commissioner for good cause shown may, upon motion, enlarge the time prescribed by this rule.

(f) The Commissioner may, upon the agreement of all parties, dispense with the filing of briefs or may provide for a different briefing schedule.

Author: Commissioner of Insurance

Ala. Admin. Code r. 482-1-065-.06

New Rule: June 11, 1979, Effective July 31, 1979. Revised: July 19, 1985, Effective August 1, 1985. Revised: June 5, 1992, Effective July 1, 1992. Revised: April 21, 2003, Effective May 1, 2003. Filed with LRS April 21, 2003. Rule is not subject to the Alabama Administrative Procedure Act.

Statutory Authority:Code of Ala. 1975, §§ 27-2-17, 27-2-32.