Ala. Admin. Code r. 610-X-8-.07
Current through Register Vol. 43, No. 02, November 27, 2024
Section 610-X-8-.07 - Formal Disposition Of Contested Cases1. At least twenty days prior to the administrative hearing, an administrative complaint shall be served on the applicant for or holder of the license, permit, approval, certificate, or multistate licensure privilege, continuing education provider, or nursing education program as follows: a. Personal service made by any sheriff of the State of Alabama. If the applicant for or or holder of the license, permit, approval, certificate, or multistate licensure privilege, continuing education provider, or nursing education program is out of state, evades service, or cannot be served personally, service shall be made by registered or certified mail to the last known post office mailing address shown on the records of the Board.
b. If the applicant for or holder of the license, permit, approval, certificate, or multistate licensure privilege, continuing education provider, or nursing education program is represented by an attorney who has filed a notice of appearance with the Board and has agreed to accept service for their client, service shall be made on the attorney personally or by registered or certified mail.2. The Board's administrative complaint may be amended without leave of the hearing officer prior to the hearing so long as the amendment is germane to the charge or charges and does not materially alter the nature of any offense charged.3. A motion for withdrawal of the administrative complaint may be filed with the Board. The circumstances surrounding the attempt to withdraw the administrative complaint shall be explained by the person who is attempting to withdraw the administrative complaint. A motion for withdrawal of the administrative complaint shall be ruled upon by the hearing officer. No administrative complaint that is well-founded shall be dismissed solely upon the motion of the original complainant.4. Pleadings relating to disciplinary proceedings pending before the Board shall be filed with the Board. Pleadings shall be deemed filed upon actual receipt.5. Requests for subpoenas shall be filed with the Board at least ten days prior to the administrative hearing along with the appropriate subpoena-processing fee. Any expense for service by a sheriff, process server or other entity shall be the responsibility of the party requesting the subpoena. Any expenses incurred relative to subpoenas requested by a Respondent, either for witnesses or related to production of documents, are the responsibility of the party who requested the issuance of said subpoena.6. The administrative hearing shall be conducted by a hearing officer provided by the Board. All testimony shall be under oath and shall be transcribed by a court reporter scheduled by the Board. Telephonic or other real-time electronic testimony is admissible at the discretion of the hearing officer. Evidence may be taken by deposition at the discretion of the hearing officer.7. A continuance may be granted by the Board's designee or, if the Board's designee objects to said continuance, upon the filing of a written motion and affidavit detailing the reasons for the continuance.8. The Board may, at its discretion, digitally record or video administrative hearings. The Hearing Officer shall rule upon objections to digital or video recording of an administrative hearing.Ala. Admin. Code r. 610-X-8-.07
New Rule: Filed January 29, 2002; effective March 5, 2002. Repealed and New Rule: Filed May 21, 2010; effective June 25, 2010.Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/29/2014.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 9/9/2019; operative 1/1/2020.Amended by Alabama Administrative Monthly Volume XLII, Issue No. 10, July 31, 2024, eff. 9/14/2024.Author: Alabama Board of Nursing
Statutory Authority:Code of Ala. 1975, §§ 34-21-2(j)(1)(7)(8) (16), 34-21-25, 41-22-12, 41-22-14, 41-22-12(e).