Ala. Admin. Code r. 364-X-16-.05
If the Board finds probable cause exists and that the nature of the alleged violation could result in license suspension or revocation, the accused party shall be notified of the right to a hearing before any disciplinary action is taken. The notification shall be by certified mail, and shall include a factual statement of the alleged violation, a statement as to the possible action that could result from a determination by the Board, a statement as to the legal authority and jurisdiction under which the hearing would be held. The accused party may assert his/her right to a hearing by mailing a request for a hearing to the Board by certified mail within 30 days of receipt of the notice, and the notification shall inform him or her of the timeframe and method for making this request. If an accused party fails to request a hearing in the manner provided here, the Board shall proceed to consider the alleged violation and appropriate disciplinary action, if any, based upon the information in its possession. If the alleged violation is by a person or entity which does not hold a license, the Board may refer the case to the appropriate prosecutor for criminal prosecution or seek an injunction in a court of appropriate jurisdiction under Code of Ala. 1975, Section 34-41-23, or other applicable provision of law.
Author: Thornton Neathery
Ala. Admin. Code r. 364-X-16-.05
Statutory Authority:Code of Ala. 1975, § 34-41-20.