Ala. Admin. Code r. 364-X-16-.09

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

Section 364-X-16-.09 - Discipline

(1) Upon a finding, either after a hearing or, if a hearing is not requested, after informal consideration, that a licensee has committed any of the acts or omissions, or is subject to any of the circumstances set out in Code of Ala. 1975, Section 34-41-19, the Board may impose any of the disciplinary penalties provided under that subsection.

(2) Upon a finding based upon informal consideration under subsection (1) the Board may, at its discretion, either permanently or temporarily stay the execution of its order imposing disciplinary penalties on a licensee. The stay may be conditional upon any provision that the Board deems appropriate for the circumstances of the case.

(3) Upon a finding after a hearing under subsection (1) the imposition of a stay of any order imposing disciplinary sanctions shall be governed by the Alabama Administrative Procedures Act.

(4) In determining whether a license should be revoked or suspended, and whether and what conditions the Board's order should be stayed, the Board shall consider relevant factors, including but not limited to the following:

(a) the severity of the offense;

(b) the danger to the public or the environment;

(c) the number of present violations;

(d) any previous offense;

(e) the length of time since the violations;

(f) the number of previous complaints against the licensee;

(g) the length of time the licensee has practiced the profession;

(h) the actual damage to the complainant, the public, or the environment;

(i) the deterrent effect of the penalty imposed;

(j) the effect of the penalty upon the licensee's livelihood;

(k) any efforts of rehabilitation by the licensee;

(l) any other mitigating or aggravating circumstances.

Author: Thornton Neathery

Ala. Admin. Code r. 364-X-16-.09

New Rule: Filed May 10, 1996; effective June 14, 1996. Repealed and New Rule: Filed March 5, 2002; effective April 9,2002.

Statutory Authority:Code of Ala. 1975, §§ 34-41-17, 34-41-18, 34-41-19, 34-41-22, 34-41-23, 34-42-20, 34-42-21.