Ala. Admin. Code r. 282-X-11-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 282-X-11-.02 - Hearings(1) The Board shall have the jurisdiction to hear all charges brought under the provisions of this section against any person having been issued a license as a dietitian/nutritionist or having been issued a temporary license for the practice of dietetics/nutrition; and upon such hearings shall determine the charges upon their merits. If the Board determines that disciplinary measures should be taken, the Board may revoke his/her license, suspend him/her from practice, or reprimand, censure or otherwise discipline such person.(2) All proceedings under this section shall be heard by the Board with at least two-thirds of its members present, and decisions to discipline any licensee shall require a vote of two-thirds of the membership of the entire Board; provided that the Board may designate two or more of its members to comprise a hearing committee for the purpose of determining whether charges brought justify a hearing by the Board, and with authority to dismiss frivolous or unfounded charges.(3) At any hearing under the Dietitian/Nutritionist Practice Act, the person charged shall have the right to appear either personally or by counsel and to produce witnesses and evidence in his own behalf and to cross-examine witnesses. The Board or hearing committee shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the Board. The circuit court of the county wherein said hearing is to take place shall have authority, on application of the Board, to enforce obedience to said subpoenas and orders of the Board concerning such testimony.(4) An application for reinstatement may be made to the Board one year from the date of revocation of a license. The Board may at its discretion accept or reject an application to consider such reinstatement.Author: Cherie Colquett
Ala. Admin. Code r. 282-X-11-.02
Statutory Authority:Code of Ala. 1975, §§ 34-34A-1, et seq.