Ala. Admin. Code r. 532-X-7-.05

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

Section 532-X-7-.05 - [Effective 1/8/2025] Administrative Proceedings

(1) Upon a finding of probable cause by the Investigative Committee, the Investigative Committee shall initiate an administrative proceeding in the name of the Board. The administrative proceedings constitute the commencement of a contested case against the subject of the complaint.

(2) Administrative proceedings may take the form of either an informal disposition or the issuance of an administrative complaint.

(3) Informal Disposition

(a) A complaint may be considered and resolved through alternative dispute resolution, informal conferences, meetings, or other informal means.

(b) The Investigative Committee may propose to the subject of the complaint an informal disposition in the form of a proposed consent order or default.

(c) If the subject of the complaint accepts the proposed informal disposition, the informal disposition shall be referred to the board for consideration. Such consideration shall be held without prejudice to the right of the board thereafter to institute formal proceedings based upon the same or related material if circumstances so warrant.

(d) If the board approves the informal disposition, the informal disposition becomes a final order of the board.

(e) If the board does not approve the informal disposition, the board may offer the subject of the complaint a different informal disposition or may refer the complaint for an administrative hearing.

(4) Administrative Hearings

(a) Administrative hearings shall be conducted in accordance with the requirements of the Alabama Administrative Procedure Act.

(b) A statement of charges and notice of hearing shall be issued to the subject of the complaint.

(c) The statement of charges and notice of hearing may be delivered by any of the following methods:

1. Personal service as in civil actions.

2. Certified mail, return receipt requested.

3. Commercial carrier, as described in the Alabama Rules of Civil Procedure.

(d) The Board shall provide for an administrative hearing before a hearing officer, who shall issue written findings of fact and conclusions of law and recommendations regarding disposition of the case for consideration by the board.

Ala. Admin. Code r. 532-X-7-.05

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