Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTENVIRONMENTAL MANAGEMENT COMMISSION
Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Section 335-2-1-.21 - Disposition Without Hearing

Ala. Admin. Code r. 335-2-1-.21

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-2-1-.21 - Disposition Without Hearing
(1) Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time before the commencement of a hearing withdraw the request by filing a notice thereof with the Commission and serving a copy upon the Hearing Officer and all parties in accordance with Rule 335-2-1-.24.
(2) Any party who made and filed with the Commission a request for a hearing to contest an administrative action of the Department in accordance with Rule 335-2-1-.04, may at any time after the commencement of a hearing file a motion for voluntary dismissal of the contest with the Commission. A copy of said notice shall be served upon all parties and the Hearing Officer in accordance with Rule 335-2-1-.24.
(3) The parties to any hearing to contest an administrative action of the Department may at any time after the filing of the request for a hearing to contest an administrative action of the Department file with the Commission a proposed consent order modifying, approving, or disapproving the administrative action of the Department with a joint motion that the Commission issue an order in accordance therewith. A copy of said consent order shall be served upon the Hearing Officer as provided by Rule 335-2-1-.24.
(4)Motion to Dismiss.
(a) Upon motion of the Department, the Commission may dismiss an action for failure of the petitioner to comply with any of the following:
1. The time requirements for filing a request for hearing set forth at Rule 335-2-1-.04;
2. The pleading requirements of Rule 335-2-1-.04;
3. An order of the Commission or Hearing Officer; or,
4. A requirement to appear and proceed at a pre-hearing conference or at the hearing.
(b) Before any action is taken on a motion to dismiss filed in accordance with this rule, all parties shall be given a reasonable opportunity to oppose such motion.

Authors: David A. Ludder, Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.21

Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.