Ala. Admin. Code r. 364-X-17-.06 - Proposal For Decisions

(1) When the official or a majority of the officials of the Board who are to make a final decision have not heard a contested case, the decision shall not be made until a proposal for decision is served on the parties, and an opportunity is given to each party to file exceptions and proposed findings of fact and to present oral and written arguments to the officials who are to make the decision.

(2) When a "Proposal for Decision" is rendered by a Hearing Officer, any party may file written exception thereto and submit his own proposed findings of fact and conclusions of law.

(3) Any exceptions to the procedures during the hearing, the handling of the hearing by the Hearing Officer, rulings on evidence, or any other matters, must be written and refer specifically to pages of record or otherwise precisely identify the occurrence being excepted to. Such exceptions must be filed with the Board within five (5) days of the receipt of the Hearing Officer's proposal for decision. The container of such written exceptions should bear the notation: RE: EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of case).

(4) The Board will direct whatever corrective action it may deem advisable in light of the exceptions, if any. Any decision made will be a part of the record and copy there given to all parties.

(5) Any party may present further oral arguments to the Board upon request. Such request must be made in writing to the Board not later than three (3) days after receipt of the Hearing Officer's "Proposal for Decision."

(6) Upon receipt of request for further oral argument, notice will be issued promptly by registered or certified mail to all parties designating time and place for such oral argument.

(7) The parties, by written stipulation or at the meeting, may waive compliance with this section.

Author: Thornton L. Neathery

Notes

Ala. Admin. Code r. 364-X-17-.06

New Rule: Filed May 10, 1996; effective June 14, 1996.

Statutory Authority: Code of Ala. 1975, § 34-41-20.