Ala. Admin. Code r. 485-X-8-.02

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

Section 485-X-8-.02 - Disciplinary Hearings

(1) All disciplinary proceedings shall be conducted in accordance with the applicable provisions of the Alabama Administrative Procedures Act on due process.

(2) The board shall not bring any disciplinary actions against any person who is not a current registered interior designer. Actions against non-licensed persons must be brought before the courts.

(3) The registrant shall be given not less than forty-five (45) days written notice of any hearing to consider disciplinary action sent by certified mail, return receipt requested, and addressed to the last known address of the registrant.

(4) The registrant may at all times be represented by counsel of his/her choosing or may waive the right.

(5) The board may utilize an administrative hearing officer to preside over hearings and who may issue subpoenas, discover orders related to relevant matters, and protective orders in accordance with the rules of civil procedure. The hearing officer provides a summary of findings of facts and conclusions of law, along with recommendation to the board. Any board member who assists in the investigation process must then recuse themselves from the administrative hearing process, other than acting as a witness, and from voting on any disciplinary measures.

(6) The board shall consider the report of the hearing officer and vote to accept, modify, or reject the recommendations of the hearing officer.

(7) Any disciplinary action adjudged appropriate by the board shall be transmitted to the registrant within thirty (30) days following the board's final order in the case.

(8) Board members must abstain from participating or voting in disciplinary investigations or hearings if the registrant under investigation is in their employ or under their supervision; or if there is a legal, ethical, or moral question vis-a-vis the board member and the registrant.

Ala. Admin. Code r. 485-X-8-.02

New Rule: Filed May 6, 2002; effective June 10, 2002. Amended: Filed April 2, 2003; effective May 7, 2003. Repealed and New Rule: Filed September 15, 2008; effective October 20, 2 0 08. Repealed and New Rule: Filed September 24, 2010; effective October 29, 2010.

Previous Rule 485-X-7-.06 was renumbered to as per certification filed September 15, 2008; effective October 20, 2008.

Author: Alabama Board for Registered Interior Designers

Statutory Authority:Code of Ala. 1975, § 34-15C-12.