Ala. Admin. Code r. 70-X-5-.01

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

Section 70-X-5-.01 - Request For Formal Hearing And Appointment Of Hearing Officer

(1) If a complainant is dissatisfied with the decision of an informal, administrative review hearing, or if an applicant, client or direct service provider chooses to forego their right to request an informal administrative review, he or she may request a formal hearing by submitting a written request for a hearing addressed to the Commissioner of the Department. Requests for formal hearings shall be limited to actions of the Department which are claimed to be:

(a) in violation of constitutional or statutory provisions;

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

(c) in violation of a Department rule;

(d) made upon unlawful procedure;

(e) affected by other error of law; or

(f) unreasonable, arbitrary or capricious or characterized by an abuse of discretion or unwarranted exercise of discretion.

(2) The request shall specify the reason(s) why the hearing is requested, shall state with reasonable particularity the relief sought, and shall not be authorized with respect to generalized grievances not directly related to the provision of services. At a minimum, the written request shall:

(a) Identify the action being challenged;

(b) Identify the parties to the action being challenged;

(c) Identify the role of each party to the action being challenged;

(d) Include a short and plain statement to the matters asserted; and

(e) Identify the outcome desired.

(3) The request for a formal hearing must be received by the Commissioner of the Department within fourteen (14) calendar days of the date of receipt of the notice of proposed action or within fourteen (14) calendar days of receipt of an informal administrative review decision when one has been requested. Any individual who has requested an informal administrative review may withdraw such request at any time prior to the issuance of the informal administrative review decision. Failure of an individual or party to request a hearing within fourteen days shall constitute a waiver of the right to demand a formal hearing and shall cause the Department action to become final without further review.

(4) If a hearing is requested within the above time period, the Commissioner shall, as may be otherwise provided by law, appoint an impartial hearing officer to conduct the hearing.

Ala. Admin. Code r. 70-X-5-.01

Filed May 20, 1992. Repealed and New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975, §§ 38-3-8 through 38-3-9; 41-22-12.