Ala. Admin. Code r. 140-X-6-.01

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

Section 140-X-6-.01 - License Suspension, Revocation Or Failure To Renew

(1) Where the Board is made aware by a notarized, written allegation as submitted on the Board-approved complaint form of the possibility of impropriety by a licensee in obtaining or maintaining licensure, or failing to obtain or timely renew licensure, or in the practice of athletic training, or other allegedly improper circumstance regarding athletic training, the Board will give notice and opportunity to be heard to the licensee, registrant, or person alleged to have committed the impropriety or delinquency, pursuant to the Alabama Administrative Procedure Act. In some instances an incorrect practice or deficiency of athletic training, the licensee, registrant, or person may be given notice of the incorrect practice or deficiency and an opportunity to cure the incorrect practice or deficiency will be provided without further action being taken. The licensee, registrant, or person may request a formal or informal hearing before the Board on an impropriety, delinquency, incorrect practice, or deficiency. Without regard to whether the Board has been given notice previously of the impropriety, delinquency, incorrect practice, or deficiency the listed may decline a hearing afforded the licensee or person by the Board. The right to decline a hearing afforded by the Board is a personal right which is to be exercised by the licensee or person and not by his attorney or other representative acting alone, and must be exercised in writing. The party requesting a hearing is responsible for obtaining the services of and payment of the cost of the court reporter's fee, if any. Procedures to be followed by the Board are contained in Appendix B - Procedures and are considered part of this rule.

(2) The improprieties and delinquencies set forth in the Alabama Athletic Trainers Licensure Act are examples of improprieties and delinquencies, for which the Board may suspend, fine, revoke or refuse to grant or renew a license, but are not at all an inclusive or exhaustive list of such improprieties and delinquencies.

(3) The Board will notify the licensee (or other person afforded a hearing after written allegation) of the decision of the Board, listing the reasons for any decision adverse to the licensee or person afforded a hearing.

(4) If, in the opinion of the Board, the misconduct is a continuing civic wrong which is not amendable to action of the Board after a hearing, or harm is imminently likely to occur to the public from continuation of the misconduct, the Board may institute a civil action for an injunction with penalties and costs, and/or may present the misconduct and information to the District Attorney for the county in which the misconduct occurred for prosecution as a criminal case.

Ala. Admin. Code r. 140-X-6-.01

New Rule: Filed December 10, 2008; effective January 14, 2009.

Authors: Rodney Brown, ATC; Drew Ferguson, ATC; Brad Montgomery, ATC

Statutory Authority:Code of Ala. 1975, § 34-40-3(e).