Ala. Admin. Code r. 250-X-1-.01

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

Section 250-X-1-.01 - Disciplinary Procedures And Actions

(1) The Board may initiate investigations as appropriate by inspections or otherwise to determine compliance with state law and the rules and regulations of the Board.

(2) On the basis of investigative findings, the Board may file a complaint against any person or business licensed under the provisions of the Code of AL 1975, Section 34-7B, or against any other person or business in violation thereof.

(3) The Board shall investigate written complaints filed by the public against any person or business licensed under the provisions of the Code of AL 1975, Section 34-7B, or against any other person or business in violation thereof.

(4) The Board may require a licensee to submit a written and sworn statement to the Board in response to any complaint or investigation by the Board.

(5) All reports of investigations of complaints shall be submitted to the Investigative Committee of the Board.

(a) The Investigative Committee shall be composed of one Board member, the Board's attorney and the Executive Director of the Board or the Director's designee. By vote the Board shall appoint a Board member to serve on the Investigative Committee on an annual basis.

(b) The Investigative Committee shall review the investigation and complaint to determine if probable cause exists for disciplinary or enforcement proceedings by the Board. The Board member participating in the probable cause determination by the Investigative Committee shall not participate in any disciplinary proceedings of the Board arising from the investigation.

(c) Two members shall comprise a quorum of the Investigative Committee.

(d) No Board member shall serve longer than two (2) consecutive annual terms on the Investigative Committee. By vote the Board may remove or replace designated Board member serving on Investigative Committee for any reason.

(e) By vote the Board may appoint a substitute on the Investigative Committee for any complaint in which the designated Board member has a conflict of interest or is otherwise disqualified, including involvement as a possible witness to facts involved in the investigation.

(6) The Board's attorney on behalf of the Board shall refer investigations involving possible criminal violations of state law to the Alabama Attorney General or other appropriate state or local law enforcement agency and provide assistance as necessary to assure compliance with state laws and Board rules.

Ala. Admin. Code r. 250-X-1-.01

Filed September 24, 1982. New Rule: Filed March 1, 2001; effective April 5, 2001. Amended (See Ed. Note):Filed July 1, 2002; effective August 5, 2002. Repealed and New Rule: Filed February 15, 2005; effective March 22, 2005. Amended: Filed September 7, 2005; effective October 12, 2005. Repealed and New Rule: Filed October 25, 2013; effective November 29, 2013.

Rule 250-X-1-.01.01, Disciplinary Procedures And Actions, was renumbered 250-X-1-.01 after the original 250-X-1-.01, Organization And Purpose was repealed as per certification filed July 1, 2002; effective August 5, 2002.

Author: Bob McKee

Statutory Authority:Code of Ala. 1975, 34-7B-10.