Alabama Administrative Code
Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES
Chapter 660-1-5 - HEARINGS
Section 660-1-5-.14 - Application For Rehearing

Universal Citation: AL Admin Code R 660-1-5-.14

Current through Register Vol. 42, No. 11, August 30, 2024

(1) An aggrieved person, the County Department, or their representatives may file an application for a rehearing within 15 days of the final decision. The application shall specify in detail the grounds for the relief sought and authorities in support thereof. The filing of such an application shall not extend, modify, suspend or delay the effective date of the decision unless or until said decision shall be superseded, modified, or set aside in a manner provided by law. Copies are to be served on all parties who may file replies thereto within 10 days. Service may be made by any of the means specified in Rule 660-1-5-.07 for service of the notice of hearing.

(2) The application for rehearing may be granted only if the final decision is:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the Department;

(c) In violation of a rule of the Department;

(d) Made upon unlawful procedure;

(e) Affected by other error of law;

(f) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(g) Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

(3) Within 30 days after the filing of an application, the hearing officer may in his/her discretion enter a decision:

(a) Setting a hearing on the application;

(b) On the application without a hearing; or

(c) Granting or denying the application.

(4) If no decision is entered within 30 days after the filing of the application, the application shall be deemed denied.

Author: Bill Prendergast

Statutory Authority: Code of Ala. 1975, §§ 38-2-1 through -13, 38-4-5 through -6, 41-22-1 through -27.

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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