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-.11 - Administrative Hearing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may appoint a person to act on
			 its behalf as Hearing Officer at its administrative hearings. The Hearing
			 Officer shall preside at administrative hearings and shall rule on all
			 questions of evidence and procedure. The Hearing Officer shall admit all
			 evidence that is relevant, material, and which has probative value to the
			 issues under consideration by the Board. Offers of settlement and compromise
			 are not admissible. The Hearing Officer shall consider the evidence presented
			 and submit a recommendation to the Board, including: a procedural summary of
			 the case; findings of fact; conclusions of law; and a recommended decision on
			 the issues included in the administrative complaint including, if necessary,
			 suggested administrative punishment pursuant to the charges in the
			 administrative complaint. The Hearing Officer's recommendations hall be
			 considered by the Board but is not binding on the Board. The Board shall issue
			 an appropriate administrative order modifying, approving, or rejecting the
			 Hearing Officer's recommendation. The Board shall issue its orders within sixty
			 (60) days after receipt of the hearing Officer's recommendation. If the hearing
			 was conducted by the Board itself, the Board shall issue its order within sixty
			 (60) days after receipt of the court reporter's transcript of the
			 administrative hearing. The Board's order in all instances shall include a
			 procedural history of the case, findings of fact, conclusions of law, and its
			 decision regarding the issues contained within the administrative complaint
			 including, if necessary, the appropriate administrative punishment.
(2) Prior to the taking of witness testimony
			 at the administrative hearing, the Respondent or Respondents shall enter a plea
			 of "guilty" or "not guilty" to each charge contained in the administrative
			 complaint.
(3) All parties shall be
			 allowed to make a concise opening statement regarding the charges in the
			 administrative complaint, defenses to the administrative complaint, expected
			 testimony and evidence, and any proposed administrative punishment.
(4) The parties shall be allowed to present
			 evidence by direct and cross-examination. The executive director, or a designee
			 acting on behalf of the Investigative Committee, shall present its evidence
			 first followed by the other parties in the order determined by the Board or its
			 Hearing Officer. Examination of witnesses shall not be unduly repetitious. The
			 testimony of all parties and witnesses shall be made under oath administered by
			 the Board or the Board's Hearing Officer.
(5) The Board or the Board's Hearing Officer
			 may examine and question any party or witness regarding the administrative
			 complaint and defenses thereto.
(6)
			 All parties shall be allowed to make a brief closing statement summarizing the
			 evidence presented and regarding the applicability or relevant state law and/or
			 Board rules and regulations.
(7)
			 All testimony and statements given in the administrative hearing shall be
			 electronically or stenographically recorded. Any party wishing to obtain a
			 transcript of the hearing shall make arrangements with the court reporter to
			 receive a copy of the transcript at their own expense.
(8) The parties shall not be bound by the
			 strict rules of evidence prevailing in the courts. Evidence shall be admitted
			 in accordance with the Alabama Administrative Procedures Act, Section 13. The
			 administrative complaint and all attachments thereto shall be made a part of
			 the administrative record for consideration by the Board without further
			 authentication.
(9) The Board or
			 its Hearing Officer may admit into evidence the deposition of any witness who
			 is not subject to the subpoena power of the Board or who is unable to be
			 present to testify at the hearing because of death, physical or mental illness,
			 or other good reason at the discretion of the Board or its Hearing
			 Officer.
(10) All exhibits that are
			 offered into evidence, whether admitted or not, shall be made a part of the
			 administrative record in the case and be included as part of the court
			 reporter's original transcript of the hearing. The party who offers each
			 exhibit shall be permitted to substitute a true copy of the exhibit for the
			 original exhibit upon request to and permission by the Board or its Hearing
			 Officer.
(11) All objections
			 concerning the conduct of the haring or the admission of evidence may be stated
			 orally or filed in writing during the hearing. The objections and responses
			 thereto shall include a statement of the grounds for the objection and legal
			 authority relied upon. The ruling on the objection by the Board or the Board's
			 Hearing Officer shall be made a part of the administrative record of the
			 hearing. Any party may make an offer of proof regarding evidence that is not
			 admitted and may describe the general nature of the evidence offered and not
			 admitted as party of the administrative record of the hearing.
(12) The Board or the Board's Hearing Officer
			 may allow the parties to submit for consideration a proposed order or
			 recommendation which includes a procedural history, proposed findings of fact,
			 conclusions of law, and any suggested administrative punishment. The parties
			 shall cite the appropriate pages of the hearing transcript for any proposed
			 findings of fact.
(13) The
			 administrative hearing shall be otherwise conducted in compliance with the
			 provisions and in accordance with the Alabama Administrative Procedures Act,
			 Section
			 41-22-12,
et
.
seq
.,
Code of
			 Ala. 1975
.
Author:
Mark Montiel
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-31-32;
				  34-31-33.