Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-8 - Hearing Process › Section 153-X-8-.02 - Hearing, Revocation Or Suspension Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All hearings shall be conducted in the
			 same manner as hearings held by the Board under the Alabama Bail Bond
			 Regulatory Act, Chapter 13 of Title 15,
Code of Ala.
			 1975
, unless otherwise stated.
(2) At the discretion of the investigative
			 committee, should a violation be found, the Executive Director may offer a
			 consent agreement. The licensee that is the subject of a complaint may request
			 a formal hearing before the Board. All consent agreements entered into by the
			 Executive Director must be submitted for Board approval at the next regularly
			 scheduled meeting of the Board.
(3)
			 Under the Alabama Administrative Procedures Act, Chapter 22 of Title 41,
Code of Ala. 1975
, regarding contested complaints, the
			 Board's Presiding Hearing Officer may subpoena witnesses, administer oaths and
			 affirmations, examine any individual under oath, require and compel production
			 of books, papers, contracts and other documents. Subpoenas of witnesses shall
			 be served in the same manner as if issued by a circuit court and may be served
			 by certified mail.
(4) Notice of
			 the time and place of the all hearings stating the matters to be considered
			 shall be given in writing not less than thirty (30) calendar days in
			 advance.
(5) The Board shall allow
			 any party to a hearing to appear in person and with counsel, to be present
			 during the giving of all evidence, to have a reasonable opportunity to inspect
			 all documentary evidence and examine witnesses, to present evidence in support
			 of his/her interest, and to have subpoenas issued by the Board to compel
			 attendance of any witness and production of any evidence on his/her
			 behalf.
(6) The Board may suspend a
			 license for up to twelve (12) months or revoke any license if the Board makes a
			 valid determination that the licensee has violated any provisions of the
			 Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15,
Code of
			 Ala. 1975
.
(7) If the
			 Board finds that grounds exist for the suspension or revocation of any license,
			 the Board may request that formal charges be filed against the violator and
			 that the penalties set out in Alabama Bail Bond Regulatory Act, Chapter 13 of
			 Title 15,
Code of Ala. 1975
be imposed.
(8) The Board shall have the discretion to
			 issue a license to any person whose license has previously been revoked,
			 following a review of the previous revocation and a majority vote by the
			 Board.
(9) If the Board determines
			 that the public health, safety, or welfare requires emergency action and
			 incorporates a finding to that effect in its order, an emergency suspension of
			 a licensee may be ordered, pending a formal hearing before the Board, which
			 shall be promptly instituted.
(10)
			 A licensee may appeal any order of the Board as a matter of right. All appeals
			 of the Board shall be taken to the Circuit Court of Montgomery County, Alabama,
			 by filing written notice of said appeal and immediately serving a copy of the
			 notice with the Board within thirty (30) days after issuance of the
			 Order.
(11) The Board may suspend
			 or revoke on an Emergency basis the license of a Licensee failing to report his
			 or her arrest to the Board within 10 days. The Board may suspend or revoke any
			 licensee under Temporary Emergency basis if the endangerment to the public or
			 consumer, or other felony arrest that would impact the licensee's ability to
			 receive or renew his or her license.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.