Ala. Admin. Code r. 545-X-3-.14

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

Section 545-X-3-.14 - Appointment Of Hearing Panels

(1) The chairman of the Commission may appoint members of the Commission to sit as a hearing panel to hear the evidence in a contested case whenever the chairman deems such appointment of a panel reasonably required and necessary to accomplish a timely hearing.

(2) A hearing panel shall consist of no fewer than three (3) Commission members. The public member of the Commission may be, but shall not be required to be, a member of each such hearing panel.

(3) Such hearing panels are authorized to conduct hearings in contested cases in the same manner as the full Commission is authorized to conduct hearings. At the conclusion of each hearing conducted by a hearing panel, such hearing panel shall prepare an order which shall be presented to the full Commission for ratification and, if ratified by the Commission, such order shall be the order of the Commission. It shall not be necessary for the members of the Commission not on the hearing panel to review the record of the hearing.

(4) When a hearing panel is appointed and the chairman of the Commission does not participate in the panel, the chairman of the Commission shall designate one (1) panel member to serve as acting chairman for the panel.

(5) All contested cases heard by a hearing panel shall be conducted in accordance with Rules 545-X-3-.03 through 545-X-3-.09.

(6) Before the Commission shall render a decision based on a hearing panel's recommendation, at least five (5) members of the Commission must be present and a majority of those present vote in favor of such decision.

Author: Wayne P. Turner

Ala. Admin. Code r. 545-X-3-.14

Filed January 28, 1988. Amended: Filed March 4, 2003; effective April 8, 2003.

Statutory Authority:Code of Ala. 1975, § 34-24-311, 34-24-366.