Ala. Admin. Code r. 255-X-8-.04

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

Section 255-X-8-.04 - Appeal And Judicial Review

(1) Appeals of the final action or order of the Board shall be made in accordance with the provisions of the Alabama Administrative Procedures Act governing judicial review of final decisions in contested cases.

(2) All proceedings for appeal may be instituted by filing a notice of appeal and a cost bond with the Board to cover the reasonable costs of preparing the transcript of the proceeding under review.

(3) The notice of appeal shall be filed within thirty (30) days after the receipt of the decision of the Board denying, revoking or suspending a license.

(4) No such appeal, while pending appropriate court action, shall stay or supersede the Board's denial, revocation or suspension of a license.

(5) The petition for judicial review shall be filed in the circuit court of Montgomery County within thirty (30) days after the filing of the notice of appeal. Copies of the petition shall be served upon the Board and all parties of record.

(6) Within thirty (30) days after receipt of the notice of appeal or within such additional time as the court may allow, the Board shall transmit to the reviewing court the original or a certified copy of the entire record and transcript of the proceedings under review.

(7) The petition for judicial review shall name the Board as respondent and shall comply with the provisions of the Alabama Administrative Procedures Act, Section 41-22-20, Code of Ala. 1975.

Author: Alabama Board of Examiners in Counseling

Ala. Admin. Code r. 255-X-8-.04

New Rule: Filed November 26, 1996; effective December 31, 1996. Amended: Filed September 25, 2000; effective October 30, 2000.

Statutory Authority:Code of Ala. 1975, §§ 34-8A-1, et seq.; 41-22-20.