Ala. Admin. Code r. 364-X-3-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 364-X-3-.03 - Reconsideration Of Denied Applications

(1) A denied application for licensure or otherwise may be reconsidered by the Board, if notice of appeal is filed with the Executive Secretary within thirty (30) days after the applicant has been notified of the ruling of the Board.

(2) A hearing before the Board shall be held, de novo, within ninety (90) days after filing of the notice of appeal, or at such time agreed upon by stipulation between the applicant and the Executive Secretary.

(3) The hearing shall be held by at least a quorum of the Board, as defined in Section 34-41-5, Code of Ala. 1975.

(4) Evidence shall be admitted at the hearing in accordance with Code of Ala. 1975, Section 41-22-13. The applicant shall be allowed to have legal counsel present if desired.

(5) The Board shall issue a final decision within thirty- (30) days of the date of the hearing, which shall include findings of fact and official notice taken. The applicant shall be delivered a copy of the decision by first class mail.

(6) Judicial review of the decision of the Board shall be as accordance with the Alabama Administrative Procedure Act.

(7) The record on appeal shall be certified by the Executive Secretary of the Board, and shall include the entire record and transcript of the hearing.

Author: Thornton L. Neathery

Ala. Admin. Code r. 364-X-3-.03

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

Statutory Authority:Code of Ala. 1975, § 34-41-5.