Ala. Admin. Code r. 545-X-3-.10

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

Section 545-X-3-.10 - Form And Content Of Final Order; When Final Order To Be Rendered; Service Of Notice And Copies Of Final Order

(1) The final order in a proceeding which affects substantial interests shall be in writing and made a part of the record and include findings of fact and conclusions of law separately stated, and it shall be rendered within thirty days:

(a) After the hearing is concluded, if conducted by the Commission;

(b) After a recommended order, or findings, and conclusions are submitted to the Commission and mailed to all parties;

(c) After the Commission has approved or modified a proposed order submitted by a hearing panel pursuant to Code of Ala. 1975, Section 34-24-366 and Rule 545-X-3-.14; or

(d) After the Commission has received the written and oral material it has authorized to be submitted, if there has been no hearing.

(2) The thirty-day period may be waived or extended with the consent of the parties.

(3) Findings of fact, if set forth in a manner which is no more than mere tracking of the statutory language, shall be accompanied by a concise and explicit statement of the underlying facts of record which support the findings. The Commission, in its discretion, may require the submission of proposed findings of fact from the parties. If the Commission requests such proposed findings of fact, the order shall include a ruling upon each proposed finding and a brief statement of the grounds for denying the application or request.

(4) If no expert testimony is heard during the course of a hearing, the Commission may include in the final order the expert medical findings made by the Commission.

(5) Parties shall be notified either personally or by certified mail, return request requested, of any order and, unless waived, a copy of the final order shall be so delivered or mailed to each party or to his attorney of record.

Ala. Admin. Code r. 545-X-3-.10

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed March 4, 2003; effective April 8, 2003. Amended: Filed May 5, 2010; effective June 9, 2010.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Author: Wayne P. Turner

Statutory Authority:Code of Ala. 1975, §§ 34-24-366, 41-22-16.