Ala. Admin. Code r. 650-X-6-.01

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

Section 650-X-6-.01 - Procedure For Hearing Contested Cases

(1) Before the Commission can deny an individual certification as a law enforcement officer, the Commission shall follow the requirements set forth in the Alabama Administrative Procedure Act concerning contested cases as defined in the Code of Ala. 1975, Title 41-22-1 through 41-22-27.

(2) Without limiting the scope of Rule 650-X-6-.01, the following shall apply to contested cases:

(a) The Commission may at its discretion, appoint some person to act as a hearing officer. In the event a hearing officer is appointed, he/she shall preside at the hearing and shall rule on all questions of evidence and procedure, notwithstanding any other provisions of these rules to be contrary.

(b) The Commission shall be allowed the right to examine any witnesses called by either party.

(c) The Commission shall issue an order within thirty (30) days of the date of the final hearing, which shall include findings of fact, official notice taken and conclusions of law, separately stated. The individual shall be delivered a copy of the order by certified mail, return receipt requested, and a copy shall be mailed first class to each attorney of record.

(d) Evidence. Evidence shall be admitted in accordance with the Code of Ala. 1975, Title 41-22-13.

(3) Emergencies. The Commission may in an emergency situation, when danger to the public health, safety and welfare required, deny certification without a hearing or with an abbreviated hearing in accordance with the Code of Ala. 1975, Title 41-22-19(d).

Author: Peace Officers Standards and Training Commission

Ala. Admin. Code r. 650-X-6-.01

Effective date: September 29, 1983. Repealed and Replaced: Filed May 8, 1995; effective June 12, 1995.

Statutory Authority:Code of Ala. 1975, §§ 36-21-41, 36-21-45, 36-24-45.