Ala. Admin. Code r. 480-1-1-.05

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

Section 480-1-1-.05 - Appointment Of Hearing Officer

(1) The Director shall have the authority to appoint any officer of the Department or other individual as hearing officer to hear and decide any contested case involving the Department, where provided by law or statute, and in which the legal rights, duties or privileges of a party are required by law to be determined by the Department after an opportunity for a hearing. The authority of the Director to appoint a hearing officer shall also extend to all other administrative hearings or reviews where such authority is vested in him by law or statute.

(a) When the Director deems it necessary, appropriate or desirable, he shall remove from the general course and method of operation any such case and appoint a hearing officer.

1. A hearing officer shall be defined as: any officer of the Department of Industrial Relations or any other individual appointed by the Director.

a. As used in any statute, rule or policy relating to the Department of Industrial Relations, the terms "appeals tribunal," "hearing officer," "appeals referee" and "referee" shall be construed as interchangeable, unless clearly indicated to the contrary.

(2) The proceedings on any contested case, as defined at Code of Ala. 1975, § 41-22-3(3), shall be presented and heard before a hearing officer in the manner prescribed in these rules.

(a) The proceedings on any other administrative hearing or review, unless otherwise provided by statute, rule or policy, shall be presented and heard before a hearing officer in an informal manner to be determined by the hearing officer.

W. F. Willett, Jr.

Ala. Admin. Code r. 480-1-1-.05

Statutory Authority:Code of Ala. 1975, § 25-2-8.