Ala. Admin. Code r. 80-1-22-.41

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

Section 80-1-22-.41 - Contested Cases

(1) A contested case is an action whereby a food safety permittee or prospective permittee, or other affected person is aggrieved by an action of the staff of the Department of Agriculture and Industries. Such actions include: the granting or denial of food safety permits; the change in status of a permit; or revocation, suspension or modification of a permit.

(2) An action to revoke, suspend, or modify a food safety permit by the Department shall be initiated by the service of a notice of intent to revoke, or modify, or suspend the permit or to take other adverse action on the permittee.

(3) Contested cases initiated by the permittee, or prospective permittee shall be initiated by the filing of a notice of appeal with the Department's General Counsel with filing of a copy upon the Department. The notice of appeal must be filed with the General Counsel within 15 days of the unfavorable determination by the Department. Failure to timely file a notice of appeal with the General Counsel waives the right of appeal and the determination becomes final.

(4) Contested cases initiated by an affected party other than the permittee, or prospective permittee, or the Department shall be so initiated by the filing with the General Counsel of a notice of appeal of an administrative decision by the staff of the Department within 15 days of the issuance of such staff decision. Copies of such notice of appeal shall be served on the permittee or prospective permittee and any other affected parties. Failure to timely file a notice of appeal waives such person's right of appeal.

(5) The General Counsel will schedule a hearing not less than 15 days nor more than 35 days from the filing of the notice of a contested case unless a different time is required by statute or unless the parties agree to a time. Continuances will be granted for good cause.

(6) Upon scheduling the hearing, the General Counsel shall send written notice to all parties. The notice shall include at a minimum, the following:

(a) a statement of the time, place and nature of the hearing;

(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) a reference to the particular sections of the statutes and rules involved; and

(d) a plain statement of the factual matters asserted.

Author: Reginald L. Sorrells

Ala. Admin. Code r. 80-1-22-.41

New Rule: Filed November 15, 2000; effective December 20, 2000.

Statutory Authority:Code of Ala. 1975, § 41-22-12.