Ala. Admin. Code r. 545-X-3-.11

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

Section 545-X-3-.11 - Filing Of Application For Rehearing; Form And Content; Effect Of Application On Final Order Grounds For Rehearing; Service Of Application On Parties Of Record; Agency Decision On Application

(1) Any party to a contested case who deems himself aggrieved by a final order and who desires to have the same modified or set aside may, within fifteen days after entry of said order, file an application for rehearing, or a motion to alter, amend, or vacate the order, which shall specify in detail the grounds for relief sought therein and authorities in support thereof.

(2) The filing of such an application for rehearing or motion to alter, amend, or vacate shall not extend, modify, suspend or delay the effective date of the order, and said order shall take effect on the date fixed by the agency and shall continue in effect unless and until said application shall be granted or until said order shall be suspended, modified, or set aside in a manner provided by law.

(3) Such application for rehearing or motion to alter, amend, or vacate will be considered only if the final order is:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority of the agency;

(c) in violation of a Commission rule;

(d) made upon unlawful procedure;

(e) affected by other error of law;

(f) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(g) unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

(4) Copies of such application for rehearing shall be served on all parties of record, who may file replies thereto.

(5) Within thirty days from the filing of an application the Commission may in its discretion enter an order:

(a) setting a hearing on the application for a rehearing which shall be heard as soon as practicable; or

(b) with reference to the application without a hearing; or

(c) granting or denying the application.

(d) If the Commission enters no order whatsoever regarding the application within the thirty-day period, the application shall be deemed to have been denied as of the expiration of the thirty-day period.

Ala. Admin. Code r. 545-X-3-.11

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 04, January 31, 2019, eff. 1/24/2019.

Author:

Statutory Authority:Code of Ala. 1975, § 41-22-17.