Ala. Admin. Code r. 532-X-5-.01 - Complaints

Current through Register Vol. 40, No. 6, March 31, 2022

(1) Any person may file a written and signed complaint regarding an allegation of impropriety by a licensee, establishment or person. Complaints should be referred to a standing investigative committee consisting of a Board member, the Executive Director, the Board attorney, and the Board investigator. After consideration by the investigative committee, the Board may give notice of an administrative hearing pursuant to the Alabama Administrative Hearing Act and to Sections 34-43-11 and 34-43-15 of the Code of Ala. 1975. If no probable cause is found, the investigative committee may dismiss the charges and prepare a statement, in writing, of the reasons for the decision. The statement shall be mailed to the accused party and the complaining party by registered or certified mail.

(2) For a minor violation of this chapter, the licensee, establishment or person may be given notice and an opportunity to cure the violation. The Board may enter into an informal disposition of any case by an agreed settlement or consent order.

(3) A licensee, establishment or person may request an informal or formal hearing before the Board, or may decline a hearing afforded to the licensee, establishment or person. The right to decline a hearing afforded by the Board is a personal right which is to be exercised by the licensee or person and not by his attorney or other representative acting alone, and must be exercised in writing. The party requesting a hearing is responsible for obtaining the services of any payment of the cost of the court reporter's fee, of any.

(4) The violations set forth in Sections 34-43-1, et seq. are examples of improprieties and delinquencies but not an exhaustive list, for which the Board may suspend, fine, revoke or refuse to grant or renew a license.

(5) The Board will conduct disciplinary proceedings pursuant to the Alabama Administrative Procedures Act.

(6) The Board may institute a civil action for an injunction with penalties and costs against any person alleged to be in violation of Sections 43-34-1, et seq. The Board may present the misconduct to the local District Attorney for review and appropriate action.

Notes

Ala. Admin. Code r. 532-X-5-.01

New Rule: Filed January 29, 2001; effective March 5, 2 001. Repealed and New Rule: Filed April 20, 2009; effective May 25, 2009. Repealed and New Rule: Filed February 10, 2012; effective March 16, 2012.

Author: Keith E. Warren

Statutory Authority: Code of Ala. 1975, §§ 34-43-7, 34-43-15, 34-43-17, 34-43-18.