Ala. Admin. Code r. 660-1-5-.14

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

Section 660-1-5-.14 - Application For Rehearing

(1) An aggrieved person, the County Department, or their representatives may file an application for a rehearing within 15 days of the final decision. The application shall specify in detail the grounds for the relief sought and authorities in support thereof. The filing of such an application shall not extend, modify, suspend or delay the effective date of the decision unless or until said decision shall be superseded, modified, or set aside in a manner provided by law. Copies are to be served on all parties who may file replies thereto within 10 days. Service may be made by any of the means specified in Rule 660-1-5-.07 for service of the notice of hearing.

(2) The application for rehearing may be granted only if the final decision is:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the Department;

(c) In violation of a rule of the Department;

(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.

(3) Within 30 days after the filing of an application, the hearing officer may in his/her discretion enter a decision:

(a) Setting a hearing on the application;

(b) On the application without a hearing; or

(c) Granting or denying the application.

(4) If no decision is entered within 30 days after the filing of the application, the application shall be deemed denied.

Author: Bill Prendergast

Ala. Admin. Code r. 660-1-5-.14

Emergency adoption effective October 1, 1983. Emergency adoption of October 1, 1983 superseded by Emergency adoption effective October 24, 1983. Permanent adoption effective February 21, 1984. Succedent permanent amendment effective August 12, 1986. Succedent emergency amendment effective August 12, 1986. Succedent permanent amendment effective December 9, 1986. Succedent permanent amendment effective June 17, 1987. Amended: Filed March 7, 1997; effective April 11, 1997. Amended: Filed May 5, 1999; effective June 9, 1999.

Statutory Authority:Code of Ala. 1975, §§ 38-2-1 through -13, 38-4-5 through -6, 41-22-1 through -27.