Alabama Administrative Code › Title 140 - ALABAMA BOARD OF ATHLETIC TRAINERS › Chapter 140-X-6 - COMPLIANCE AND DISCIPLINARY ACTION › Section 140-X-6-.01 - License Suspension, Revocation Or Failure To Renew

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where the Board is made aware by a
			 notarized, written allegation as submitted on the Board-approved complaint form
			 of the possibility of impropriety by a licensee in obtaining or maintaining
			 licensure, or failing to obtain or timely renew licensure, or in the practice
			 of athletic training, or other allegedly improper circumstance regarding
			 athletic training, the Board will give notice and opportunity to be heard to
			 the licensee, registrant, or person alleged to have committed the impropriety
			 or delinquency, pursuant to the Alabama Administrative Procedure Act. In some
			 instances an incorrect practice or deficiency of athletic training, the
			 licensee, registrant, or person may be given notice of the incorrect practice
			 or deficiency and an opportunity to cure the incorrect practice or deficiency
			 will be provided without further action being taken. The licensee, registrant,
			 or person may request a formal or informal hearing before the Board on an
			 impropriety, delinquency, incorrect practice, or deficiency. Without regard to
			 whether the Board has been given notice previously of the impropriety,
			 delinquency, incorrect practice, or deficiency the listed may decline a hearing
			 afforded the licensee or person by the Board. 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 and payment of the cost of the court
			 reporter's fee, if any. Procedures to be followed by the Board are contained in
			 Appendix B - Procedures and are considered part of this rule.
(2) The improprieties and delinquencies set
			 forth in the Alabama Athletic Trainers Licensure Act are examples of
			 improprieties and delinquencies, for which the Board may suspend, fine, revoke
			 or refuse to grant or renew a license, but are not at all an inclusive or
			 exhaustive list of such improprieties and delinquencies.
(3) The Board will notify the licensee (or
			 other person afforded a hearing after written allegation) of the decision of
			 the Board, listing the reasons for any decision adverse to the licensee or
			 person afforded a hearing.
(4) If,
			 in the opinion of the Board, the misconduct is a continuing civic wrong which
			 is not amendable to action of the Board after a hearing, or harm is imminently
			 likely to occur to the public from continuation of the misconduct, the Board
			 may institute a civil action for an injunction with penalties and costs, and/or
			 may present the misconduct and information to the District Attorney for the
			 county in which the misconduct occurred for prosecution as a criminal
			 case.
Authors:
Rodney Brown, ATC; Drew Ferguson, ATC;
				  Brad Montgomery, ATC
Statutory Authority:
Code of Ala.
				  1975
, §
										34-40-3(e).