Ala. Admin. Code r. 485-X-7-.05
Current through Register Vol. 43, No. 1, October 31, 2024
Section 485-X-7-.05 - Procedure For Administrative Hearings(1) The Chairman or other individual so designated by the Chairman shall call the hearing to order, note the appearances of the parties and act upon any pending motions, petitions, stipulations or preliminary matters. Upon request and within the discretion of the Chairman other individual so designated by the Chairman, the parties may make opening statements.(2) The petitioner shall present his case-in-chief first, followed by the respondent's case-in-chief. Both parties shall have the opportunity to cross-examine, redirect, and recross-examine the witnesses.(3) Upon request, and at the discretion of the Chairman other individual so designated by the Chairman, the parties may make closing arguments.(4) The Board may (a) Exclude inadmissible, repetitious, or irrelevant evidence;(c) Examine a party on issues of law or fact; and(d) Require written briefs from the parties in lieu of oral arguments.(5) In conducting an Administrative Hearing, the Board shall not be bound by the technical rules of evidence. A decision or order of the Board shall not be invalidated based upon the informality of the proceeding upon which the decision or order is made.(6) Upon conclusion of the hearing, the Board or the hearing officer shall determine the appropriate action to be taken. The respondent shall be notified of such action by written notice by certified mail, return receipt requested and addressed to the last known place of business or residence of the respondent. Any decision adverse to the respondent may be appealed or reviewed in accordance with the laws of the State of Alabama.(7) The respondent may admit guilt to the violation and waive his/her right to a hearing. In the event, the respondent admits guilt and waives the right to a hearing, the Board shall render a decision regarding penalties or discipline of the respondent consistent with these regulations and the Code of Code of Ala. 1975, § 34-15A-1, et. seg. The respondent shall be notified of such decision by written notice by certified mail, return receipt requested and addressed to the last known place of business or residence of the respondent.(8) In the event that the Board utilizes the services of a hearing officer, the hearing officer shall preside at the hearing and serve as trier of fact and perform other quasi-judicial functions. Upon completion of the testimony and receipt of documents or briefs, the hearing officer may, at the sole discretion of the Board, make a finding of fact and conclusion of law in the matter within thirty (30) days of the conclusion of the hearing or such shorter or longer period as is agreed upon by the parties. The Board may also, at its sole discretion, make a finding of fact and conclusion in the matter at the conclusion of the hearing. The conduct of the hearing shall be in accordance with Sections 41-22-12 through 41-22-14, Code of Ala. 1975, which provide that the conduct shall be generally as a non-jury civil trial in the circuit court and with procedural rules of the Agency.(9) In cases where the Board or a hearing officer imposes a fine or penalty for violation of the act, the fine or penalty shall be paid by either cashier check or money order and made payable to The Alabama State Board of Registration for Interior Design. Any and all fines or penalties shall be paid by the respondent and are due within thirty (30) days of the date of the order issued by the Board or by the hearing officer. If the respondent appeals the decision of the Board or the hearing officer, the written notice to appeal shall be received by the Board within thirty (30) days of the date of the order issued by the Board. While an appeal is in process, any and all fines or penalties assessed by the Board or the hearing officer shall be delayed until such time as the courts have issued a final ruling. Upon a final ruling by the courts, any and all fines and penalties are due within five (5) days of the date of the final court decision. Author: Alabama State Board of Registration for Interior Design
Ala. Admin. Code r. 485-X-7-.05
New Rule: Filed May 6, 2002; effective June 10, 2002.Statutory Authority:Code of Ala. 1975, § 34-15B-5.