Current through Register Vol. 42, No. 5, February 29, 2024
Any person or school aggrieved by the actions of the Alabama
State Department of Education with respect to exemption, issuance, denial,
deferral, probation, suspension, or revocation of a license or permit provided
for in Code of Ala. 1975, §
§
16-46-3,
16-46-5,
and
16-46-6
and Alabama Administrative Code 290-030-050 may file a petition for review with
the Alabama State Board of Education. The petition shall be filed with the
State Superintendent of Education within thirty (30) calendar days after the
person or school has been served a notice of proposed action.
(1) Notice of Action.
(a) A proposed action against a person or
school shall be initiated by service of a written notice of the proposed
action.
(b) The notice shall
contain:
1. a statement of the nature of the
action;
2. a statement of the legal
authority and jurisdiction under which the action is made;
3. a reference to the particular sections of
statutes and rules involved; and
4.
a short and plain statement of the reasons for the proposed action. If the
Department is unable to state the reasons in detail at the time the notice is
served, the initial notice may be limited to a statement of the issues
involved. Thereafter, upon application by the person or school, hereinafter
designated respondent, a more definite statement shall be furnished.
(2) Service of Notice.
(a) The notice may be served in any of the
following ways:
1. personal service;
2. regular mail; or
3. certified mail, return receipt
requested.
(3) Petition for Review.
(a) An aggrieved person or school may request
a hearing to review a proposed action. The request shall be
1. made in writing;
2. addressed to the State Superintendent of
Education; and
3. received by the
State Superintendent of Education within thirty (30) calendar days of the date
of receipt of notice of the proposed action.
(b) Failure to request a hearing within the
above time frame shall constitute a waiver of the opportunity for a hearing and
shall cause the matter to be submitted to the State Superintendent of Education
for final action without any action by the State Board of Education.
(c) If a hearing is requested within the
above time frame, the State Board of Education authorizes the State
Superintendent of Education to appoint a hearing officer to conduct a
hearing.
(4) Conduct of
Hearing.
(a) In the conduct of a hearing, a
hearing officer shall have the authority to:
1. establish a date, time and place for the
hearing;
2. maintain
order;
3. make a record of the
proceedings;
4. establish
reasonable time limits for the conduct of proceedings;
5. rule on the admissibility of
evidence;
6. hold a prehearing
conference, if necessary, to clarify the matters in dispute; establish the
order of presentation; allow for the exchange of exhibits and names of
witnesses; establish time limits for the exchange of exhibits and names of
witnesses; and
7. enter an order on
any other matter which would effectuate the conduct of the hearing.
(b) The hearing shall be open to
the public.
(c) A respondent may be
represented by counsel at his/her own expense.
(5) Settlement. Informal dispositions may be
made of any matter set for hearing by stipulation, agreed settlement, consent
order or default or by another method agreed upon by the parties in
writing.
(6) Record of Proceedings.
(a) The record of a hearing shall include:
1. the notice of proposed action;
2. the request for a hearing;
3. all evidence received during the
hearing;
4. a transcript of the
proceedings;
5. a statement of all
matters officially noticed;
6. all
questions and offers of proof, objections and rulings thereon;
7. the written recommendation of the hearing
officer; and
8. the final order of
the State Superintendent of Education.
(b) Oral proceedings shall be recorded by a
qualified shorthand reporter. Oral proceedings shall be transcribed at the
request of any party with the expense of transcription borne by the requesting
party. The record of oral proceedings shall be maintained by the State
Department of Education for five (5) years from the date of entry of the final
order.
(7) Rules of
Evidence. The rules of evidence as provided in Code of Ala.
1975, §
41-22-13
shall apply to all hearings conducted under these rules.
(8) Final Order.
(a) Upon completion of a hearing, the hearing
officer shall prepare and submit to the State Superintendent of Education a
proposed order. The proposed order shall include a statement of facts found by
the hearing officer, a recitation of the application of the facts found to the
applicable statutes and regulations, and a recommendation as to the appropriate
disposition of the matter. The proposed order along with the record shall be
submitted to the State Superintendent of Education within thirty (30) days
after the hearing is concluded. By agreement, the parties may waive or extend
the thirty (30) day time period.
(b) Within ten (10) days after receipt of the
proposed order, the State Superintendent of Education shall serve by certified
mail the same on the parties. By agreement, the parties may waive or extend the
ten (10) day time period.
(c)
Within ten (10) days of receipt of the proposed order, each party may file
written exceptions and briefs, not to exceed ten (10) typewritten,
double-spaced pages and a request for oral argument which shall be mailed to
the State Superintendent of Education. The proposed order shall become the
final order of the State Board of Education unless exceptions are
filed.
(d) If oral argument is
requested, the same shall be scheduled at the discretion of the State Board of
Education. The length of oral argument shall be set by the State Board of
Education, but shall not exceed ten (10) minutes per party.
(e) The State Board of Education shall issue
a final order no later than sixty (60) days after either the review of written
exceptions and briefs or completion of oral arguments. By agreement, the
parties may waive or extend the sixty (60) day time period.
(9) Judicial Review. A person or
school who has exhausted all administrative remedies available and who is
aggrieved by a final order of the State Board of Education may seek judicial
review pursuant to the provisions of Code of Ala.
1975, §
16-46-9.
Author: Dr. Eddie R. Johnson.
Statutory Authority:
Code of Ala.
1975, §
16-46-9,
as amended.
