Ala. Admin. Code r. 470-1-4-.06
Any applicant that is dissatisfied with a decision of the Housing Committee shall submit a request in writing to the Chairman of the Impaired Drivers Trust Fund Advisory Board for the appointment of a Hearing Panel to review the decision. This request must be submitted by the applicant within ten days of his or her receipt of the Housing Committee's notification of the action taken on his or her application. The Chairman shall appoint any odd-numbered group of members of the Impaired Drivers Trust Fund Advisory Board to serve as a Hearing Panel to review the decision, provided that no member of the Housing Committee shall serve on a Hearing Panel. The Hearing Panel shall select a chairperson and shall conduct a hearing to resolve any issue raised in writing by the applicant. A dissatisfied applicant will have the burden of showing that the decision of the Housing Committee with regards to his or her application was palpably wrong by clear and convincing evidence. A dissatisfied applicant may subpoena witnesses, submit written evidence or examine witnesses presented by the Housing Committee at the hearing before the Hearing Panel. A dissatisfied applicant can be represented by counsel before the Hearing Panel. The decision of the Hearing Panel on any issue before it must be by majority vote of the panel and all final decisions of the Hearing Panel shall be issued in writing. A record shall be made of all such hearings. A written decision of an appointed Hearing Panel shall constitute the final agency action of the Impaired Drivers Trust Fund Advisory Board.
Author: Impaired Drivers Trust Fund Advisory Board
Statutory Authority: Code of Ala. 1975, § 16-38A-1.
History: New Rule: Filed February 18, 1998; effective March 25, 1998.
Ala. Admin. Code r. 470-1-4-.06