Ala. Admin. Code r. 420-1-3-.04

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

Section 420-1-3-.04 - Contested Cases

(1) A contested case is a proceeding in which the legal rights, duties or privileges of a party are required by law to be determined by the Board after an opportunity for hearing. Such actions include the granting or denial of licenses or permits, a change in status of a license or permit, or a revocation, suspension, or modification of a license or permit.

(2) An action to revoke, suspend, or modify a license or permit by the Board shall be initiated by the service of a notice of intent to revoke, or modify, or suspend the license or permit or to take other adverse action on the licensee or permittee.

(3) Contested cases initiated by the licensee or permittee, or prospective licensee or permittee shall be initiated by the filing of a notice of appeal with the Department's Office of General Counsel and by filing a copy upon the Board, Bureau or Division affected. The notice of appeal must be received by the Office of General Counsel within 15 days of the determination by the Department, unless a different time period is set by other specific rule or statute. Failure to timely file a notice of appeal with the Office of General Counsel waives the right of appeal and the determination becomes final.

(4) Contested cases initiated by a party other than the licensee, prospective licensee, or permittee or prospective permittee, or the Board shall be so initiated by the filing of a notice of appeal on the Office of General Counsel within 15 days of the determination by the Department, unless a different time period is set by other specific rule or statute. Copies of such notice of appeal shall be served on the licensee or prospective licensee and any other affected parties. Failure to timely file a notice of appeal waives such person's right of appeal.

(5) The Office of General Counsel shall set a hearing for not less than 15 days nor more than 60 days from the filing of the notice of a contested case unless a different time is required by statute or unless the parties agree to a time. Requests for continuances must be filed with the hearing officer and may be granted, within the hearing officer's discretion, for good cause.

(6) Upon setting the hearing, the Office of General Counsel shall send written notice to all parties. The notice shall include at a minimum, the following:

(a) a statement of the time, place and nature of the hearing;

(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) a reference to the particular sections of the statutes and rules involved; and

(d) a plain statement of the factual matters asserted.

Ala. Admin. Code r. 420-1-3-.04

Filed July 20, 1990. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, § 41-22-12.