Ala. Admin. Code r. 480-1-3-.09

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

Section 480-1-3-.09 - Postponements, Withdrawals, Default, Consent Orders, And Agreed Settlements

(1)Postponements. Any hearing may be postponed or continued by the Board for good cause shown either upon the Board's own motion or upon the request of an intervenor or an interested party. Postponements shall be granted only when necessary to afford all parties a reasonable opportunity for a fair hearing and for the full presentation of evidence. No party shall be granted more than one postponement except in the case of extreme emergency or unusual hardship as determined by the Board.

(2)Withdrawals. An appeal may be withdrawn by the appellant at any time prior to the issuance of a decision with approval of the Board before whom the matter is pending. Requests for withdrawal of an appeal shall be stated in the record of the proceeding or shall be submitted in writing. Such a withdrawal shall be construed to be a consent to abide by the administrative determination from which the appeal is taken and such determination shall have such effect as if no appeal had been filed.

(3)Non Appearance of Parties. If after notice of hearing as provided by these rules a party fails to appear the Board may proceed with the hearing and make a decision in the absence of the party. If the absent party is the appellant the Board may in the exercise of discretionary power and authority conferred by this rule declare a default and make a disposition of the case on the basis of default.

(4)Consent Orders and Agreed Settlements. The Board shall not make disposition of a contested case solely on the basis of consent or agreed settlement.

Authors: George Cocoris, Carl E. Kohler

Statutory Authority: Code of Ala. 1975, §§ 25-2-17, 25-4-94.

History:

Ala. Admin. Code r. 480-1-3-.09