Ala. Admin. Code r. 20-X-3-.01 - Rules Of Practice
(1) A
party may appeal to the ABC Board an adverse initial decision, including the
findings of fact and the conclusion of the Hearing Commission or an initial
decision of the ABC Board itself, provided a request therefor in writing is
received within fifteen (15) days after the date of notification of such
decision. At their option, a party may submit written exceptions to the
decision within the same fifteen-day period.
(2) A party may be represented by legal
counsel at any stage of administrative proceedings of the ABC Board at the
party's own expense.
(3)
Communications regarding appeal hearings, existing licenses or applications for
licenses should be addressed to the Secretary of the ABC Board, P. O. Box 1151,
Montgomery, Alabama 36101.
(4)
Continuances for good cause shown may be granted as in actions at law at the
ABC Board's discretion. Requests for continuances should be addressed to the
Secretary of the ABC Board, P. O. Box 1151, Montgomery, Alabama 36101, and
except in exigent circumstances, shall be received by the secretary no later
than five (5) business days prior to the scheduled hearing date in order to be
considered.
(5) Any final
administrative decision of the ABC Board, together with a written opinion
thereof, will be reduced to writing and transmitted to each party or their
representative.
(6) Hearings before
the ABC Board, in the absence of notice to the contrary, will be held at the
ABC Board's Central Office in Montgomery, Alabama.
(7) Reasonable notice of the time and place
of an appeal hearing shall be given to each party who appeared at the initial
hearing or their representative. Non-parties must request in writing to the
Secretary of the ABC Board, their desire to be notified of such appeal
hearings.
(8) Anyone who has an
interest in a case, as distinguished from the public interest in contested
license application or license renewal cases, upon timely application in
writing to the ABC Board, shall be permitted to intervene as a party when a
statute confers an unconditional right to intervene, or when the applicant has
an individual interest in the outcome of the case as distinguished from a
public interest and the existing representation of the applicant's interest is
inadequate.
(9) The record before
the Hearing Commission, including its initial decision, the transcript of
testimony, argument and exhibits, together with all papers and requested files
in the proceeding before the Commission, shall constitute the exclusive record
for the final decision of the Commission, if appealed to the ABC
Board.
(10) In computing any period
of time prescribed or allowed by these rules and regulations, such period shall
be computed according to Rule 6(a) of the Alabama Rules of Civil
Procedure.
(11) A party aggrieved
by a final administrative decision of the ABC Board may seek the remedies
provided in Sections
41-22-17 and
41-22-20,
Code of Ala. 1975.
(12) Facsimile or other similar electronic
transmissions may be utilized for the purpose of exchange of information
between parties, but shall not be accepted for purposes of official document
filings with the ABC Board.
Author: ABC Board
Notes
Statutory Authority: Code of Ala. 1975, ยงยง 28-3-49; 28-3A-24; 41-22-20, et seq.
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