Ala. Admin. Code r. 820-2-5-.08

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

Section 820-2-5-.08 - Alternative Dispute Resolution

(1) Initiation If the Secretary of State is unable to render a final determination on a complaint filed pursuant to 820-2-5-.02 within 90 days, the Secretary of State shall immediately issue a written order initiating alternative dispute resolution, selecting 3 arbitrators to serve as a panel. Arbitrators shall be selected from the Arbitrator Roster maintained by the Alabama Center for Dispute Resolution.

(2) Notice The Secretary of State shall notify the Complainant(s) and Respondent(s) of the initiation of alternative dispute resolution within a reasonable period of time following initiation.

(3) Duties of the Arbitration Panel Within 45 days from initiation, the Arbitration Panel shall:

(a) Review the official hearing record compiled pursuant to 820-2-5-.07 or, in the event of no hearing, review the Rule 820-2-5-.05 report and recommendation;

(b) By majority vote, agree on an appropriate resolution or appropriate resolutions; and

(c) Issue a written recommendation to the Secretary of State as to the manner in which the complaint should be resolved.

(4) Limitation on Arbitration Panel The Arbitration Panel shall be limited in its review to the Rule 820-2-5-.07 Record, which must include either the fact-finding hearing record compiled pursuant to 820-2-5-.06 or the report compiled pursuant to 820-2-5-.05, as applicable.

Ala. Admin. Code r. 820-2-5-.08

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

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

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