Ala. Admin. Code r. 780-X-14-.06

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

Section 780-X-14-.06 - Disciplinary Hearings

(1) Conduct of Hearing.

(a) All disciplinary hearings on contested cases before the Alabama Real Estate Appraisers Board shall be conducted by a presiding hearing officer.

(b) The presiding hearing officer shall have the authority to do all things necessary to ensure that hearings are conducted in accordance with Alabama law and the Rules and Regulations of the Alabama Real Estate Appraisers Board.

(c) The presiding hearing officer shall rule on all evidentiary disputes during the hearing.

(d) The respondent shall plead either "guilty" or "not guilty" to the charges set forth in the complaint.

(e) Each side shall be permitted to make a short opening statement.

(f) The state shall present its evidence, followed by the respondent, followed by rebuttal by the state. Each witness called may be examined in the following manner:

1. Direct examination,

2. Cross examination,

3. Examination by the Board,

4. Re-direct examination,

5. Re-cross examination,

6. Re-examination,

7. Rebuttal

(g) Each side shall be permitted to make short closing statement summarizing the evidence presented and urging the application of relevant law to the evidence presented.

(h) The Board may request from the hearing officer within seven days a proposed order(s) including findings of fact, official notice and conclusions of law. Underlying facts of record which support the findings should be cited.

(i) The Board shall issue an order within thirty days of the date of the final hearing, which shall include findings of fact, official notice taken, and conclusions of law, stated separately. Respondent 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.

(j) Evidence shall be admitted in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-13.

Ala. Admin. Code r. 780-X-14-.06

Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Repealed and Replaced: Filed February 27, 1996; effective April 3, 1996. Amended: Filed February 23, 1998; Effective March 30, 1998. Amended: Filed May 18, 2007; effective June 22, 2007.

Author: Alabama Real Estate Appraisers Board

Statutory Authority:Code of Ala. 1975, §§ 34-27A-5, 34-27A-22.