Ala. Admin. Code r. 20-X-22-.03

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

Section 20-X-22-.03 - Notification To Permittees Of Hearings

(1) All notices required by law to be given to ABC Board permittees, pursuant to and in connection with hearings before the ABC Board or the Hearing Commission on questions of disciplinary matters, revocations, suspensions, or renewal of and applications for ABC Board permits, or the results of any such hearings, may be effectively given by any one of the following methods:

(a) By an agent of the ABC Board delivering a copy of such notice to the permittee or, to whomever is in charge of the licensed premises at the time of serving such notice;

(b) By sending notice via U.S. Mail, return receipt requested, proper postage prepaid, addressed to such permittee at the address of the permitted establishment, or the mailing address furnished by such permittee on the permit application;

(c) By an agent of the ABC Board delivering a copy of such notice to whomever is in charge of the permitted premises at the time of serving such notice.

(d) In the event the permitted establishment is closed by order of a court or is not operating for some other reason, by an agent of the ABC Board posting a copy of such notice to the door of such establishment and the ABC Board sending a copy of such notice via U.S. Mail, proper postage prepaid, addressed to such permittee at the mailing address furnished to the ABC Board by such permittee.

(2) All notices shall include:

(a) A statement of the time, place and nature of the hearing;

(b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) A reference to particular statutes and rules involved;

(d) A short and plain statement of the matters asserted. If the ABC Board is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application by the permittee, a more definite and detailed statement shall be furnished.

(3) If a party fails to appear in a contested case after proper service of notice and given reasonable time to appear, the ABC Board or Hearing Commission may proceed with the hearing and render a decision in the absence of the party.

(4) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved in hearings before the Hearing Commission and ABC Board and to be represented by counsel at the parties' own expense.

Author: ABC Board

Ala. Admin. Code r. 20-X-22-.03

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

Statutory Authority:Code of Ala. 1975, §§ 28-3A-24; 28-11-4.