Current through Register Vol. 43, No. 1, October 31, 2024
Section 257-X-5-.13 - Reconsideration(1) A licensee may appeal a decision of the Board by submitting a request for reconsideration to the Board office within ninety (90) days following the date of issuance of a final order of the Board.(2) The request should be based upon newly discovered evidence which would justify relief from the decision rendered.(3) Such requests should include, by written memorandum or brief, the detailed basis for such reconsideration. The opposing party shall have the opportunity to present a written reply memorandum or brief challenging such basis within thirty (30) days from the submission of the request for reconsideration.(4) The Board shall review the written arguments of the parties at its next regular or special meeting and, based upon such review, determine in its discretion by a majority vote of those members on the Board present and voting on such matter, whether to sustain its previous decision or grant such relief from the decision as may be appropriate. In reviewing the request, the Board may, at its sole discretion, hear further oral argument or new sworn testimony or suggest supplemental responses. The Board shall render a written order setting forth the determination of the Board within thirty (30) days of the vote reflecting the decision of the Board.(5) The filing of the request for reconsideration shall be at the option of the parties and should not be deemed as a prerequisite to, or hindrance of, a party's right to judicial review of a Board decision in accordance with the procedures provided under the Alabama Administrative Procedure Act, Chapter 22, Title 41, Code of Ala. 1975.Ala. Admin. Code r. 257-X-5-.13
Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/3/2018.Author: Alabama Board of Court Reporting
Statutory Authority:Code of Alabama, 1975, §§ 34-8B-1 thru 34-8B-18.