Ala. Admin. Code r. 532-X-7-.04

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

Section 532-X-7-.04 - [Effective 1/8/2025] Investigations

(1) The board's Investigative Committee consists of one board member appointed by the board, the board's attorney assigned to the complaint, and the board's investigator assigned to investigate the complaint.

(2) The board's investigator(s) shall investigate the complaint. Upon complaint, the board may inspect the business premises of any licensee during normal business hours, so long as said inspection is made in furtherance of the investigation of a complaint. Upon complaint, the board may also request a criminal history background check of the subject of the complaint.

(3) The board's investigator(s) shall prepare an investigative summary for review by the Investigative Committee.

(4) The Investigative Committee may act on the investigation as follows:

(a) Return the complaint to the investigator(s) for further investigation.

(b) Determine that probable cause has been found that a violation has occurred.

1. If no probable cause is found, the Investigative Committee may dismiss the charges and prepare a written statement of the reasons for the decision.

2. A complaint may be re-opened at any time if circumstances warrant.

(c) Determine that probable cause exists that a violation has occurred.

1. Upon a finding that probable cause exists that a violation has occurred, the Investigative Committee shall initiate an administrative proceeding.

Ala. Admin. Code r. 532-X-7-.04

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 110 days, 1/8/2025 (Emergency).

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 11/14/2024.

Author: Alabama Massage Therapy Licensing Board

Statutory Authority:Code of Ala.1975, § 34-43A-6