Ala. Admin. Code r. 630-X-3-.06
After receipt of the complaint, the response of the accused person, and completion of the preliminary investigation specified in Rule 630-X-3-.04, the Board shall meet in executive session with its legal counsel and determine whether or not the complaint is a charge of unprofessional, unethical, or illegal conduct on the part of the accused person, such as to warrant disciplinary action if established by evidence. If a member or agent of the Board filed the complaint to be considered, said member or agent shall take no part in the executive session specified above except to the extent of giving testimony in connection with the charge. If the Board determines the complaint to be unjustified, frivolous, or not under the jurisdiction of the Board, there shall be reference in the minutes of the meeting of the Board, only to the fact that a charge was considered and found to not justify a hearing and no mention of the name of the accused person or complainant shall appear in the said minutes. If the Board proposes to take no further action on the charges, the accused person and the complainant shall be so notified in writing by either the Board or its agent thereof. If, on the other hand, after considering all matters before it, the Board is reasonably satisfied that such charge(s) is/are of such merit as to warrant disciplinary action if established by evidence, then the Board may at its discretion at that meeting set sanctions, as well as adopt a resolution to be reflected in the minutes setting a date, time and place, either within the city of Montgomery, Alabama, or within the county in which the accused person resides, for the hearing of said charge(s).
Author: Dr. Larry Carter
Ala. Admin. Code r. 630-X-3-.06
Previous rule (same title) filed September 13, 1982. Repealed: Filed July 9, 1990.
Statutory Authority:Code of Ala. 1975, §§ 34-22-8, 34-22-42(3).