Ala. Admin. Code r. 920-X-3-.03

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

Section 920-X-3-.03 - Revocation

(1) The Department reserves the right to revoke a POA and withdraw from the representation of a claimant at any time for good cause, subject to review by the Board. The following listed events will be considered sufficient grounds for the Department's revocation of a claimant's POA. However, this is not to be construed as an exhaustive list as other valid reasons for the revocation of a POA may exist and will be considered by the Board upon recommendation of the state service commissioner.

(a) Providing false evidence or information to the Department or a service organization, altering or otherwise tampering with evidence presented in support of a claim;

(b) Use of abusive, derogatory or defamatory language toward a department official or employee by a claimant or potential claimant;

(c) Verbal threats, harassment, either by telephone or in person, or menacing physical behavior which cause, or are intended to cause, the intimidation of a department official or employee;

(d) Refusal to cooperate or establish an effective working relationship with a department official or employee;

(e) Repeated demands by a claimant that the Department, or its employees, assist in the pursuit of a claim which is contrary to established law or regulation, or which has no factual basis to support an award of benefits.

(2) A POA shall not be refused or revoked based upon a claimant's race, color, sex, or religious preference, nor based upon a claimant's length or type of service in the Armed Forces of the United States, presuming that his or her military service qualifies for receipt of benefits.

(3) A POA shall not be refused or revoked on the grounds that the claim to be asserted by an eligible claimant is contested. However, the Department cannot be required to represent a person whose interests are opposed to or in conflict with those of another veteran, widow/widower or dependent of a veteran for whom the Department holds a POA.

Author: Frank Wilkes

Ala. Admin. Code r. 920-X-3-.03

New Rule: Filed January 4, 2001; effective February 8, 2001.

Statutory Authority:' Code of Ala. 1975, § 31-5-2(c).