Ala. Admin. Code r. 305-0-2-.07

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

Section 305-0-2-.07 - Suspension

(1) General.

(a) The suspending official may suspend a person for any of the causes listed as follows using procedures established in these regulations.

(b) Suspension is a serious action to be imposed only when:

1. There exists adequate evidence of one or more of the causes set out in these regulations and

2. Immediate action is necessary to protect the public interest.

(2) Causes of suspension.

(a) Suspension may be imposed in accordance with these regulations upon adequate evidence:

1. To suspect the commission of any offense listed as cause for debarment under (a) or

2. That a cause for debarment as listed in these regulations may exist.

(b) Indictment shall constitute adequate (evidence for purposes of suspension actions.

(3) Procedures.

(a) Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and referred, when appropriate, to the suspending official for consideration. After consideration, the suspending official may issue a notice of suspension.

(b) Decisionmaking process. ADECA shall process suspension actions as informally as practicable, consistent with principles of fundamental fairness, using the procedures of these regulations.

(4) Notice of suspension. When a respondent is suspended, notice shall immediately be given.

(5) Opportunity to contest suspension.

(a) Submission in opposition. Within 30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing, or through a representative, information and argument in opposition to the suspension.

(b) A request for a meeting should be sent to the Director.

(6) Suspending official's decision.

(a) The suspending official may modify or terminate the suspension (for reasons for reducing the period or scope of debarment) or may leave it in force. However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition of suspension by any other agency or debarment by any agency.

(b) Notice of suspending official's decision. Prompt written notice of the suspending official's decision shall be sent to the respondent.

(7) Period of suspension.

(a) Suspension shall be for a temporary period pending the completion of an investigation or ensuring legal debarment, unless terminated sooner by the suspending official or as provided in paragraph B. of this section.

(b) If legal or administrative proceedings are not initiated within 12 months after the date of the suspension notice, the suspension shall be terminated, unless a Division Chief requests an extension in writing, in which case it may be extended for an additional six months. In no event may a suspension extend beyond 18 months, unless such proceedings have been initiated within that period.

(c) The suspending official shall notify the General Counsel of an impending termination of a suspension, at least 30 days before the 12 month period expires, to give that Division an opportunity to request an extension.

(8) Scope of suspension. The scope of a suspension is the same as the scope of a debarment except that the procedures as noted shall be used in imposing a suspension.

Author:

Ala. Admin. Code r. 305-0-2-.07

New Rule: Filed: June 25, 1993, effective July 30, 1993.

Statutory Authority:Code of Ala. 1975, §§ 41-22-1-27, 41-23-6.