Ala. Admin. Code r. 850-X-10-.05

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

Section 850-X-10-.05 - Summons, Complaint And Answer

(1) Preparation. In the event the Investigative Disciplinary Committee of the Board determines that probable cause exists for the filing of a summons and complaint, counsel for the Board shall prepare a summons and complaint.

(2) Contents. The summons and complaint shall give notice in substantial compliance with the Alabama Administrative Procedure Act, Ala. Code § 41-22-12(b) (1991) and § 34-30-5 (1991).

(3) Service. The summons and complaint shall be mailed certified mail return receipt requested to the most recent address of the respondent with the Board. A copy shall also be sent first class mail.

(4) Answer. The respondent shall within thirty (30) days of service of the summons and complaint file with the Board, and serve counsel for the Board an Answer, admitting or denying the allegations and charges set forth therein. Failure to file an Answer within the time permitted by this rule without good cause shall be construed as an admission that the factual averments contained in the complaint are true.

Ala. Admin. Code r. 850-X-10-.05

Repealed and Replaced: Filed October 31, 1997; Operative December 5, 1997; effective January 1, 1998 (See Rule 850-X-1-.19).

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. 10/30/2016.

Author: Alabama State Board of Social Work Examiners

Statutory Authority:Code of Ala. 1975, §§ 41-22-4(a)(2) (1991); 41-22-12 (1996 Supp.); 34-30-5 (1991).