Ala. Admin. Code r. 480-9-1-.05

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

Section 480-9-1-.05 - Review By Administrative Law Judge

(1) In the event an employer denies a request for exemption, the employer MUST provide the employee with instructions on how to file a request for administrative review with the Department no later than the latter of seven (7) calendar days following the denial of the request for exemption or three (3) business days following the adoption of this administrative rule.

(2) Requests for administrative review shall be filed using the Vaccination Exemption Portal https://vaxexemption.alabama.gov. Requests for administrative review will not be accepted using any other method.

(3) In requesting an administrative review, the employee shall submit a copy of the denied request form by the employer and must include a valid email address for both the employee and the employer/employer representative. In addition, the employee may submit copies of any other documentation that he/she wishes for the ALJ to consider in rendering a decision. Once submitted, the Department will accept no further submissions on behalf of the employee.

(4) Upon receiving a timely request for administrative review, ADOL will notify the employer and grant it three (3) business days in which to submit any documentation or evidence (including any affidavit from an employer representative) that it wishes for the ALJ to consider in rendering a decision. Once submitted, the Department will accept no further submissions on behalf of the employer.

(5) Any application for administrative review, exemption claim form, documentation submitted either in favor of or in opposition to the claim for exemption that is filed with the Department is strictly confidential and not open to public inspection.

(6) Upon receipt by the ALJ of a request for administrative review, the ALJ shall perform an administrative review of the claim of exemption. In his or her review, the ALJ shall review the exemption claim form and any supporting documentation to confirm the following:

(a) The employee has properly selected an appropriate reason for claiming an exemption.

(b) The employee has provided an appropriate signature and date indicating that they swear or affirm the request is true and accurate and that they understand that false or misleading information is grounds for discipline, up to and including termination from employment.

(c) If the employee makes a claim of exemption based on a health care provider's recommendation to refuse the COVID-19 vaccination based on a current health condition and medication, that the licensed Health Care Provider's name, signature, and date is also provided.

(7) In the administrative review, the ALJ shall also review all documentation or evidence (including affidavits) submitted by the employer in opposition to the claim of exemption.

(8) There shall be no live hearings granted by the ALJ in reviewing a claim of exemption.

(9) The ALJ shall issue a ruling on the request for exemption within thirty (30) calendar days of receiving all documentation submitted for the administrative review of the claim of exemption.

(10) The ALJ's ruling shall not be required to provide any findings of facts or conclusions of law but rather shall uphold or reverse the employer's denial of the claim of exemption.

(11) If the ALJ's ruling upholds the denial of the claim of exemption, the ruling shall include instructions that the employee has fourteen (14) calendar days following the ruling in which to appeal to the circuit court of the county of his or her residence.

Ala. Admin. Code r. 480-9-1-.05

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 04, January 31, 2022, eff. 3/17/2022.

Author: Joseph S. Ammons, General Counsel

Statutory Authority: Alabama Act 2021-561.