Alabama Administrative Code
Title 440 - ALABAMA BOARD OF HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS
Chapter 440-X-6 - DISCIPLINARY AND COMPLIANCE PROCEEDINGS
Section 440-X-6-.07 - Administrative Proceedings
Universal Citation: AL Admin Code R 440-X-6-.07
Current through Register Vol. 42, No. 11, August 30, 2024
(l) When the Investigative Committee recommends a suspension or revocation, the certified contractor is entitled to a hearing.
(2) At least twenty days prior to the
administrative hearing, an administrative complaint shall be served on the
certified contractor as follows:
(a) Personal
service made by a Board Compliance Officer.
(b) If the certified contractor out of state,
evades service, or cannot be served personally, service shall be made by
registered or certified mail to the last known post office mailing address
shown on the records of the Board.
(c) If the certified contractor is
represented by an attorney who has filed a notice of appearance with the Board,
service shall be made on the attorney personally or by registered or certified
mail.
(3) The Board's
administrative complaint may be amended without leave of the hearing officer
prior to the hearing so long as the amendment is germane to the charge or
charges and does not materially alter the nature of any offense charged. Any
amended administrative complaint will be served on the certified contractor
being charged.
(4) Requests for
subpoenas shall be filed with the Board at least ten days prior to the
administrative hearing along. Any expenses incurred relative to subpoenas
requested by a Respondent, either for witnesses or related to production of
documents, are the responsibility of the party who requested the issuance of
said subpoena.
(5) The
administrative hearing shall be conducted by a hearing officer provided by the
Board. All testimony shall be under oath and shall be transcribed by a court
reporter scheduled by the Board. Telephonic or other real-time electronic
testimony is admissible at the discretion of the hearing officer.
(6) A continuance may be granted by the
hearing officer, upon the filing of a written motion detailing the reasons for
the continuance.
Authors: Jeffrey M. Becraft; Ellen Leonard
Statutory Authority: Code of Ala. 1975, § 31-31-32.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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