Ala. Admin. Code r. 335-2-1-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-2-1-.04 - Request For Hearing(1) Any person aggrieved by an administrative action of the Department, other than the issuance of any rule or regulation or emergency order, may file with the Commission a request for a hearing to contest such action within thirty days of such action.(2) To obtain a hearing on any order assessing a civil penalty issued by the Department, an aggrieved person must either be subject to the order or have submitted timely written comments on the proposed order in accordance with Code of Ala. 1975, § 22-22A-5(18).(3) Any person aggrieved by the issuance, modification or repeal of any rule or regulation by the Department may file with the Commission a request for a hearing to contest such administrative action within forty-five days of the adoption of the rule or regulation by the Commission.(4) Any person aggrieved by the issuance of any emergency order by the Department may file with the Commission a request for an expedited hearing to contest such administrative action. The request shall be filed within the time provided in paragraph (1), above.(5) A request for a hearing to contest an administrative action of the Department shall be made in writing and shall contain:(a) the name, mailing address, and telephone number of the person making the request;(b) a short and plain statement identifying the administrative action of the Department being contested;(c) a short and plain statement of the threatened or actual injury suffered by the person making the request as a result of the administrative action of the Department;(d) a short and plain statement of the alleged error(s) made by the Department in the administrative action;(e) a short statement of the terms and conditions which the person making the request proposes that the Commission should include in an order modifying or disapproving the Department's administrative action; and(f) the name, mailing address, and telephone number of the attorney for the person making the request, if represented by an attorney.(g) an original signature of the person making the request or such person's attorney.(6) A request for a hearing to contest an administrative action of the Department shall be filed with the Commission. Filing may be accomplished by personal, private-service or mail delivery addressed to:ENVIRONMENTAL MANAGEMENT COMMISSION
Street Address: Mailing Address:
1400 Coliseum Boulevard P.O. Box 301463
Montgomery, AL 36110 2059 Montgomery, AL 36130-1463
Filing shall not be timely unless the papers are received by the Commission within the time fixed for filing, except that papers shall be deemed filed on the day of mailing if mailed by certified, registered or express mail of the United States Postal Service or a similar private express-delivery service, and the date of the official post-mark is on or before the time fixed for filing. A request for a hearing may not be filed by facsimile (telefax).
(7) Within five (5) days of receipt by the Department of a timely request for a hearing, the Department shall file with the Commission, if appropriate, a notice alleging any pleading defects in the request for a hearing and identifying the omissions of information required by paragraph (4), above. A copy of the notice shall be served on the petitioner. Thereupon, the petitioner shall correct the identified defects within ten (10) days of receipt of the notice. Failure by the petitioner to cure all identified defects within the time provided shall deem the original filing an improper request and will not preserve that person's right to a hearing. Authors: David A. Ludder, Olivia H. Jenkins, Thomas L. Johnston
Ala. Admin. Code r. 335-2-1-.04
Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994. Amended: Filed June 20, 2003; effective July 25, 2003. Amended: Filed October 21, 2004; effective November 25, 2004.Statutory Authority: Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.