Ala. Admin. Code r. 153-X-11-.01

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

Section 153-X-11-.01 - Disciplinary Action

(1) All disciplinary actions taken by the Alabama Professional Bail Bonding Board are to be communicated in writing to the licensee.

(2) Upon self-disclosure or receipt of a written complaint on an APBB Consumer Complaint Form signed by the person making the complaint, alleging that a licensee, unlicensed individual or unlicensed company has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Investigative Committee shall perform a preliminary review of the facts stated to determine if a violation of the Board's law or its rules may have occurred. The Consumer Complaint Form must be completed before an investigation is initiated.

(3) When a preliminary review discloses that further investigation is not warranted, the Investigative Committee may close the investigative file without any further action. All closed non-founded complaints are not public information.

(4) The procedures of the Investigative Committee are as follows:

(a) Within ten (10) business days of receipt of a written complaint being filed against a licensee the Board or its designee shall notify the licensee of the allegations and provide a copy of the complaint by certified mail, addressed to the last known address of the licensee on file with the Board. The licensee may submit a written response to the allegations, together with any supporting documentation, to the Executive Director within fifteen (15) business days of receipt of the Board's notification. In addition to submitting a written response to the allegations, a licensee may submit a written request to speak to the investigative committee in person in response to the complaint within fifteen (15) days of receipt of the Board's notification. It is solely within the discretion of the investigative committee to grant or deny a request to meet with the investigative committee.

(b) The Investigative Committee shall have the authority to temporarily suspend a license, prior to the completion of the investigation, for a period not to exceed (90) days.

(c) The Investigative Committee shall review the complaint and other information submitted to determine if further action and/or investigation is warranted.

(d) If further investigation is warranted, the Board's Investigator shall conduct a further investigation under the direction of the Executive Director and designated Board Member;

(e) At the conclusion of the investigation, the investigator shall submit a report to be reviewed by the Investigative Committee, which has the authority to act on the report;

(f) The Investigative Committee shall send written notification to the complainant and the licensee of any action it decides to take in response to the complaint or investigative report.

(g) If the Investigative Committee determines that an investigation is not warranted, the Executive Director and designated Board Member may close the investigative file. The Executive Director shall notify the complainant and the licensee against whom the complaint was made that the investigation has been closed and that no further actions will be taken.

(5) The Investigative Committee shall have the power and authority to act on the report of the investigation as follows:

(a) Dismiss the complaint for no violation found.

(b) Enter into a consent agreement that must be accepted and approved by the Board.

(c) Commence disciplinary proceedings for a hearing before the Board.

(d) Accept voluntary surrender of a license.

(e) Temporarily suspend a license.

Ala. Admin. Code r. 153-X-11-.01

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 09, June 30, 2020, eff. 8/14/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 12, September 30, 2022, eff. 11/14/2022.

Author: Alabama Professional Bail Bonding Board

Statutory Authority:Code of Ala. 1975, § 15-13-215.