Ala. Admin. Code r. 165-X-9-.01

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

Section 165-X-9-.01 - Complaints

(1) Any person may file a written and signed complaint with the commission alleging a violation of Code of Ala. 1975, Sections 41-9-1029 to 41-9-1037, inclusive. The complaint shall be made in the manner prescribed by the board and shall be referred by the Commission to a standing investigative committee, consisting of a Commission member, the executive director, the attorney for the Commission, and an investigator or chief inspector of the Commission. If the investigative committee finds that no probable cause exists, the investigative committee may dismiss the charges and prepare a statement in writing, detailing the reasons for the decision.

(2) If the investigative committee finds that there is probable cause that a violation has been committed, the Commission shall initiate an administrative proceeding. If the commission determines a person has violated any provision of Code of Ala. 1975, Sections 41-9-1029 to 41-9-1037, inclusive, the Commission may do any of the following:

(a) Issue a cease-and-desist order.

(b) Suspend or revoke a license.

(c) Impose an administrative fine or not more than ten thousand dollars ($10,000) per violation.

(3) The commission may petition the circuit court of the county where the violation occurred to enforce a cease-and-desist order and to collect any assessed fine.

Ala. Admin. Code r. 165-X-9-.01

New Rule: Filed March 29, 2010; effective May 3, 2010. Repealed: Filed December 27, 2013; effective January 31, 2014.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 08, May 29, 2020, eff. 7/13/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: Shane T. Sears

Statutory Authority:Code of Ala. 1975, § 41-9-1024.