Ala. Admin. Code r. 820-2-5-.02

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

Section 820-2-5-.02 - Complaint

(1) Right to File Any aggrieved person may file a complaint with the Secretary of State's office alleging a violation of the Title.

(2) Consolidation of Complaints The Secretary of State may consolidate complaints if such are determined to relate to the same alleged violation(s) or if they raise common questions of law or fact. The Secretary of State shall notify the parties of consolidated complaints within a reasonable period of time. Upon consolidation, the filing date shall be considered the filing date of the last complaint filed of the consolidated complaints.

(3) Date Complaint is Filed

A complaint is deemed filed upon receipt by the Secretary of State, not upon mailing or postmark. Complaints may be delivered to the Secretary of State in person, by U.S. Mail, or common carrier at the following address:

Alabama Secretary of State

State Capitol Building - Suite S-105

600 Dexter Avenue

P.O. Box 5616

Montgomery, Alabama 36103-5616

Or a complaint may be electronically submitted through the official Secretary of State's website (www.sos.alabama.gov), using the online HAVA Complaint form.

For filing to be considered complete, the Complainant(s) shall also mail or deliver a copy of the complaint to each Respondent no later than the date the complaint is filed with the Secretary of State, submitting proof of delivery of the same to the Secretary of State.

(4) Form

A complaint under this Chapter and shall be in writing, signed and sworn by the Complainant(s), and notarized on the prescribed HAVA Complaint form available online through the official website of the Secretary of State (www.sos.alabama.gov). Incomplete or illegible forms will not be considered filed. Complaints attempted over the phone or by electronic email transmission will not be considered official complaints unless or until they are submitted in writing, signed and sworn by the Complainant(s), and notarized, on the requisite complaint form.

(5) Substance

A complaint filed pursuant to this Chapter shall:

(a) Identify the alleged violated section or sections of the Title. If multiple violations are alleged, each must be clearly identified in relation to a section or sections of the Title;

(b) List the first and last name(s) of the Respondent(s) as well as applicable title(s), if known;

(c) To the extent known, list the first and last name(s) of the individual(s) the Complainant(s) allege(s) failed to comply with the Title;

(d) To the extent known, identify the location(s) where the alleged violation(s) of the Title occurred;

(e) Include a short and plain statement describing the facts of the occurrence(s), procedure(s), or practice(s) allegedly violative of a particular section or sections of the Title; and

(f) Explain how the alleged facts are violative of (a) particular section(s) of the Title.

(g) Identify the Complainant(s) by first and last name and provide current contact information, including a mailing address, email address, and telephone number for each.

(6) Consequences of Improper Form or Substance The Secretary of State will review each complaint filed to determine whether the complaint:

(a) States a violation of the Title; and

(b) Complies with the other requirements of this Rule.

If a complaint fails to state a violation of the Title or does not otherwise comply with Rule requirements, then the Secretary of State shall dismiss the complaint without further action and notice of the dismissal will be provided to the Complainant(s). A Complainant whose complaint has been dismissed pursuant to this Rule may re-file the complaint only one time.

Ala. Admin. Code r. 820-2-5-.02

New Rule: Filed September 26, 2003; effective October 31, 2003.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 10, July 31, 2024, eff. 9/14/2024.

Author: Charles E. Grainger, Jr., Michael L. Jones, Jr., Meridith H. Blackburn, Andrew Mount

Statutory Authority: Alabama Code Section 17-2-3.