Ala. Admin. Code r. 257-X-5-.07

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

Section 257-X-5-.07 - Formal Disposition Of Contested Cases

(1) At least thirty (30) days prior to the administrative hearing, a notice of hearing and a copy of the charges shall be served on the applicant or licensee via personal service or registered or certified mail to the last known address for the applicant or licensee on file with the Board. If service of process is refused or unclaimed, and the certified mail receipt or the return of the person serving process so indicates, the board may serve the document by first-class mail addressed to the licensee or other person at his or her last known address as shown in the Board's records. Service shall be deemed complete three (3) days after the depositing of same in the United States mail.

(2) The Board's complaint may be amended prior to the hearing, but no amendment shall be permitted on fewer than thirty (30) days' notice which is not germane to the initial charge or charges or which materially alters the nature of any offense charged in the initial complaint.

(3) Requests for subpoenas shall be filed with the Board at least fifteen (15) days prior to the hearing along with the appropriate subpoena-processing fee. Any expense for service by a sheriff, process server, or other entity shall be the responsibility of the party requesting the subpoena. Any expenses incurred relative to subpoenas requested by a respondent, either for witnesses or related to production of documents, are the responsibility of the party requesting the issuance of said subpoena.

(4) The hearing shall be conducted by a hearing officer appointed by the Board in accordance with the hearing procedures set forth in the Alabama Administrative Procedure Act, Section 41-22-1, et seq., Code of Ala. 1975. The hearing officer shall have the authority to perform those acts set forth in Section 41-22-12(c), Code of Ala. 1975, and shall rule on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary. All testimony provided at the hearing shall be under oath, and a record of the proceeding shall be transcribed by a court reporter scheduled by the Board.

Ala. Admin. Code r. 257-X-5-.07

New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; effective July 24, 2012.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/3/2018.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 7/26/2019.

Author: Alabama Board of Court Reporting

Statutory Authority:Code of Ala. 1975, §§ 34-8B-1 thru 34-8B-18.