Ala. Admin. Code r. 304-X-1-.10

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

Section 304-X-1-.10 - Cease And Desist Orders

(1) The Board may conduct inspections relative to the operations of unlicensed persons to ensure lawful compliance.

(2) If the Board has information relative to a person's unlawful activity, conduct or practice, the Board may issue an order for the person to show cause why an order should not be issued directing the person to cease and desist from the activity, conduct, practice or the performance of any work being done or about to be commenced.

(3) If the person who receives an order from the Board files a written request for a hearing before the Board within 14 days after receipt of the order, the Board, not less than thirty days thereafter, shall hold a hearing on the matter.

(4) After a hearing, or if no hearing is requested, the Board may issue a Cease and Desist Order in the name of the State of Alabama under the seal of the Board.

(5) If the person to whom the Board directs a Cease and Desist Order does not cease or desist the prescribed activity, conduct, practice or performance of the work immediately, the Board may petition any court of competent jurisdiction to issue a writ of injunction enjoining the person from performing the work.

(6) Upon a showing by the Board that the person has engaged or is engaging in any work prohibited by the Board's law, the court shall grant injunctive relief enjoining the person from engaging in such unlawful activity.

(7) Upon the issuance of a permanent injunction, the court may fine the offending person up to five thousand dollars ($5,000), plus costs and attorney fees for each offense, and may be rendered in the same judgment in which the injunction is made absolute.

(8) Any person violating this Board's law who fails to cease work after a hearing or the issuance of an injunction by a Court of Law shall not be eligible to apply for a license from the Board for a period of one year from the date of official notification to cease work.

(9) The Board may also withhold approval for up to six months of any application from any person who prior to the application has been found in violation of this Board's law.

(10) Said Cease and Desist procedures are reserved for companies that have been licensed by the Board within the previous twelve (12) months.

(11) The Board may elect to forego issuance of a Cease and Desist Order and immediately file an injunction in a Court of Law, pursuant to Code of Ala. 1975, §34-lA-7(f) if an individual or entity has not been licensed within the preceding twenty (24) months.

Ala. Admin. Code r. 304-X-1-.10

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 1/3/2019.

Rule 304-X-1-.07 was renumbered to 304-X-1-.10 per certification filed November 19, 2018; effective January 3, 2019.

Author: Lynne Taunton

Statutory Authority:Code of Ala. 1975, §34-1A.