Statutes, codes, and regulations
Alabama Administrative Code
Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS
Section 440-X-6-.07 - Administrative Proceedings

Ala. Admin. Code r. 440-X-6-.07

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 440-X-6-.07 - Administrative Proceedings
(l) When the Investigative Committee recommends a suspension or revocation, the certified contractor is entitled to a hearing.
(2) At least twenty days prior to the administrative hearing, an administrative complaint shall be served on the certified contractor as follows:
(a) Personal service made by a Board Compliance Officer.
(b) If the certified contractor out of state, evades service, or cannot be served personally, service shall be made by registered or certified mail to the last known post office mailing address shown on the records of the Board.
(c) If the certified contractor is represented by an attorney who has filed a notice of appearance with the Board, service shall be made on the attorney personally or by registered or certified mail.
(3) The Board's administrative complaint may be amended without leave of the hearing officer prior to the hearing so long as the amendment is germane to the charge or charges and does not materially alter the nature of any offense charged. Any amended administrative complaint will be served on the certified contractor being charged.
(4) Requests for subpoenas shall be filed with the Board at least ten days prior to the administrative hearing along. Any expenses incurred relative to subpoenas requested by a Respondent, either for witnesses or related to production of documents, are the responsibility of the party who requested the issuance of said subpoena.
(5) The administrative hearing shall be conducted by a hearing officer provided by the Board. All testimony shall be under oath and shall be transcribed by a court reporter scheduled by the Board. Telephonic or other real-time electronic testimony is admissible at the discretion of the hearing officer.
(6) A continuance may be granted by the hearing officer, upon the filing of a written motion detailing the reasons for the continuance.

Ala. Admin. Code r. 440-X-6-.07

New Rule: Filed April 9, 2003; effective May 14, 2003.
Amended by Alabama Administrative Monthly Volume XL, Issue No. 02, November 30, 2021, eff. 1/14/2022.

Authors: Jeffrey M. Becraft; Ellen Leonard

Statutory Authority:Code of Ala. 1975, § 31-31-32.