Ala. Admin. Code r. 30-X-7-.09 - Disciplinary Hearings

(1) Conduct of Hearing.

(a) Hearing Examiner. The Board may, and in its discretion, appoint some person to act as a hearing examiner at disciplinary hearings. In the event a hearing examiner is appointed, he shall assist the Chairman of the Board in presiding at the disciplinary proceeding and shall assist the Chairman in ruling on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary.

(b) Plea. The respondent shall plead either guilty or not guilty to the charges set forth in the complaint.

(c) Opening statement. Each side shall be permitted to make a short opening statement.

(d) The State shall present its evidence, followed by the respondent, followed by rebuttal by the State. Each witness called may be examined in the following manner:

Direct examination

Cross-examination

Examination by Board

Redirect examination

Recross examination

Reexamination by the Board

(e) Closing argument. Each side shall be permitted to make a short closing statement summarizing the evidence presented urging the application of relevant law to the evidence presented.

(f) The Board may request one or both sides to prepare within seven days for the Board's consideration a proposed order of the Board, including findings of fact, official notice and conclusions of law. The underlying facts of record which support the findings should be cited.

(2) Order. The Board shall issue an order within 30 days of the date of the final hearing which shall include findings of fact, official notice taken, and conclusions of law, separately stated. Respondent shall be delivered a copy of the order by certified mail, return receipt requested, and a copy shall be mailed first class to each attorney of record.

(3) Evidence. Evidence shall be admitted in accordance with Alabama Administrative Procedure Act, Section 13.

(4) Emergencies. The Board may in an emergency situation when danger to the public health, safety and welfare requires, suspend a license without hearing or with an abbreviated hearing in accordance with the Alabama Administrative Procedure Act, Section 19(4).

(5) Other. The hearing shall otherwise be conducted in compliance with the provisions of the Alabama Administrative Procedure Act.

Author: Alabama Board of Public Accountancy

Notes

Ala. Admin. Code r. 30-X-7-.09

Filed May 7, 1985.

Statutory Authority: Code of Ala. 1975, §§ 34-1-3, 41-22-1.