Ala. Admin. Code r. 640-X-4-.02

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

Section 640-X-4-.02 - Due Diligence Certification

(1) When required by statute, the agency will exercise due diligence to locate a victim or a victim's immediate family member(s) in an effort to provide them with notification of hearing(s) to which they are entitled to receive notice.

(2) If the victim or the immediate family of a victim is unable to be located or is located but refuses to provide contact information, a Certificate of Due Diligence shall be completed by an agency employee certifying by their signature that the victim or the immediate family of a victim cannot be located and detailing the steps taken by them to locate the victim or the immediate family. Once a Certificate of Due Diligence has been completed and signed, the Board shall not be limited in power or authority in any way to approve or order any parole, pardon, restoration or civil and political rights, or remission of fine or forfeiture.

(3) In the event statutorily required records or information cannot be obtained and provided to the Board because of loss, destruction, or for any other permanently unattainable cause outside of the agency's control, a Certificate of Due Diligence shall be completed by the agency employee detailing the steps taken to retrieve such records and information.

Ala. Admin. Code r. 640-X-4-.02

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 04, January 31, 2020, eff. 3/16/2020.

Authors: Meridith H. Barnes, Laura B. Mest, Greg Locklier

Statutory Authority:Code of Ala. 1975, §§ 15-22-21, 15-22-36, 15-22-37.