Ala. Admin. Code r. 532-X-7-.06

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

Section 532-X-7-.06 - [Effective until 1/8/2025] Decisions of the Board

(1) Based upon the evidence presented at the administrative hearing or pursuant to informal disposition, the board may take one or more of the following actions:

(a) Dismiss the administrative complaint in its entirety or any alleged violation in the complaint.

(b) Find the respondent not guilty of any or all of the violations alleged in the administrative complaint.

(c) Find the respondent guilty of any or all of the violations alleged in the administrative complaint. If the board finds the respondent guilty of one or more of the violations alleged in the administrative complaint, the board may take one or more of the following disciplinary actions against the respondent:

1. Suspend the license of a massage therapist or establishment

2. Revoke the license of a massage therapist or establishment.

3. Refuse to issue or renew a license

4. Impose a civil penalty after notice and opportunity for hearing pursuant to the Alabama Administrative Procedures Act.

5. Initiate a civil action for an injunction with penalties and cost against a person alleged to be in violation of 34-43A-1 et seq.

(d) The board may present the misconduct to the local District Attorney in the jurisdiction where the alleged violation is to have occurred for appropriate action.

(2) The decisions of the board shall be in writing in the form of an Order, a copy of which shall be mailed or delivered to the subject of the complaint.

(3) The decisions of the board shall be subject to public dissemination, including, but not limited to the required reporting of disciplinary actions to any required databanks.

(4) Judicial review of decisions of the board may be sought in the Circuit Court of Montgomery County, Montgomery, Alabama. Appeals are to be perfected in accordance with the Alabama Administrative Procedures Act.

Ala. Admin. Code r. 532-X-7-.06

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

Author: Alabama Massage Therapy Licensing Board

Statutory Authority: §§ 34-43A-6; 34-43A-13, 34-43A-16