Ala. Admin. Code r. 640-X-8-.02

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

Section 640-X-8-.02 - Remission of Forfeitures

Remissions of forfeitures may be granted in conjunction with a pardon at a properly noticed Board hearing. All pardon procedures established by Rule 640-X-7-.01 shall generally apply to remissions of forfeitures except as follows:

(1) The Board will exercise its authority to remit forfeitures only in cases to which the State of Alabama is a party.

(2) An individual seeking remission of a forfeiture shall file an application on a form approved by the Agency. (Form ABPP-5). The application shall contain a short and plain statement of the reasons that the applicant believes it would be just for the Board to remit some or all of the forfeiture imposed.

(3) No application for remission of forfeiture will be considered unless the principal has been convicted of the underlying offense.

(4) The Board will consider applications for remission of forfeiture from the principal and the surety, with notice of the Board's forfeiture remission hearing and action taken provided to both the principal and the surety. In making their application, applicants applying individually as the principal or the surety must provide up-to-date contact information for both the principal and surety.

(5) All parties shall cooperate in the agency's investigation of the matter, which will include information about the applicant's personal, social, and criminal history and the details of the offense at issue. The investigation shall provide a clear picture of the applicant's economic status.

(6) The investigating officer shall contact the sentencing judge and the appropriate district attorney or their successors to seek their input.

(7) When the Board considers an application for remission of forfeiture, it shall consider whether to deny the remission entirely, remit a portion of the forfeiture (and if so, what portion), or remit the entire forfeiture. Unless a majority of the Board agrees to a specific grant of relief, all relief is denied. No applicant shall be permitted to file a subsequent petition for remission on the same case after the Board has decided his or her case.

(8) If the Board votes to grant a remission, each member of the Board favoring the grant shall enter into the file a detailed statement of his or her reasons for favoring such remission. The remission order shall specify what portion of the forfeiture is remitted. This entry and order shall become public record. All other portions of the file shall remain subject to statutory privilege.

Ala. Admin. Code r. 640-X-8-.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.