Ala. Admin. Code r. 20-X-22-.01

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

Section 20-X-22-.01 - Rules Of Practice

(1) A party may appeal to the ABC Board an adverse initial decision, including the findings of fact and the conclusion of the Hearing Commission or an initial decision of the ABC Board itself, provided that a request therefor in writing is received within fifteen (15) days after the date of notification of such decision. At their option, a party may submit written exceptions to the decision within the same fifteen-day period.

(2) A party may be represented by legal counsel at any stage of administrative proceedings of the ABC Board at the party's own expense.

(3) Communications regarding appeal hearings, existing permits or applications for permits should be addressed to the Secretary of the ABC Board, P. O. Box 1151, Montgomery, Alabama 36101.

(4) Continuances for good cause shown may be granted as in actions at law at the ABC Board's discretion. Requests for continuances should be addressed to the Secretary of the ABC Board, P. O. Box 1151, Montgomery, Alabama 36101, and except in exigent circumstances, shall be received by the secretary no later than five (5) business days prior to the scheduled hearing date in order to be considered.

(5) Any final administrative decision of the ABC Board, together with a written opinion thereof, will be reduced to writing and transmitted to each party or their representative.

(6) Hearings before the ABC Board, in the absence of notice to the contrary, will be held at the ABC Board's Central Office in Montgomery, Alabama.

(7) Reasonable notice of the time and place of an appeal hearing shall be given to each party who appeared at the initial hearing or their representative. Non-parties must request in writing to the Secretary of the ABC Board, their desire to be notified of such appeal hearings.

(8) Anyone who has an interest in a case, as distinguished from the public interest in contested permit application or permit renewal cases, upon timely application in writing to the ABC Board, shall be permitted to intervene as a party when a statute confers an unconditional right to intervene, or when the applicant has an individual interest in the outcome of the case as distinguished from a public interest and the existing representation of the applicant's interest is inadequate.

(9) The record before the Hearing Commission, including its initial decision, the transcript of testimony, argument and exhibits, together with all papers and requested files in the proceeding before the Commission, shall constitute the exclusive record for the final decision of the Commission, if appealed to the ABC Board.

(10) In computing any period of time prescribed or allowed by these rules and regulations, such period shall be computed according to Rule 6(a) of the Alabama Rules of Civil Procedure.

(11) A party aggrieved by a final administrative decision of the ABC Board may file a notice of appeal or review in Circuit Court as specified in Section 41-22-20, et seq., Code of Ala. 1975.

(12) Facsimile or other similar electronic transmissions may be utilized for the purpose of exchange of information between parties, but shall not be accepted for purposes of official document filings with the ABC Board.

Author: ABC Board

Ala. Admin. Code r. 20-X-22-.01

New Rule: Filed December 7, 1998; effective January 11, 1999.

Statutory Authority:Code of Ala. 1975, § 28-11-4.