Ala. Admin. Code r. 820-2-5-.09

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

Section 820-2-5-.09 - Final Determination

(1) The Secretary of State may issue a final determination by written order:

(a) Following the receipt of a written report and recommendation provided without a hearing pursuant to 820-2-5-.05;

(b) Following receipt of a report and recommendation provided by an appointed Hearing Officer pursuant to 820-2-5-.06; or

(c) In lieu of providing a recommendation, having served as the Hearing Officer directly, and after having conducted a hearing and compiled a Hearing Officer report pursuant to 820-2-5-.06.

(2) The Secretary of State shall issue a final determination by written order:

(a) After finding grounds for dismissal pursuant to 820-2-5-.02;

(b) After finding grounds for dismissal pursuant to 820-2-5-.06; and

(c) Following receipt of a written recommendation provided by an alternative dispute resolution panel pursuant to 820-2-5-.08.

(3) Any written order of final determination by the Secretary of State shall address:

(a) Whether a complaint is dismissed, with or without prejudice, and the basis; or

(b) Whether a violation or violations of the Title has/have occurred, and if so, prescribe a remedy or remedies as appropriate.

(4) Effect of Final Determination

A final determination issued by the Secretary of State pursuant to this Rule has the effect of:

(a) Dismissing a complaint, with or without prejudice; or

(b) Declaring a violation or violations of the Title and prescribing a remedy or remedies.

(5) Limitation on Remedies Prescribed remedies shall be directed to the improvement of processes and/or procedures governed by the Title and relevant Alabama Law. Any remedy so prescribed shall not provide for the:

(a) Award of monetary damages;

(b) Payment of costs, penalties, or attorneys' fees;

(c) Invalidation of any vote or ballot; or

(d) Disqualification of any candidate.

(6) Notice and Publication The final determination of the Secretary of State shall be posted on the website of the Secretary of State within 150 days of complaint filing. Notice of the same shall promptly be issued to the parties of record.

(7) Availability of Appeal

A final determination issued pursuant to this Chapter is not subject to appellate review in any state or federal court or any other forum.

Ala. Admin. Code r. 820-2-5-.09

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.