Alabama Administrative Code › Title 250 - ALABAMA BOARD OF COSMETOLOGY AND BARBERING › Chapter 250-X-1 - ADMINISTRATION › Section 250-X-1-.10 - 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 evidence presented and
			 then submit a recommendation to Board, including: a procedural summary of case;
			 findings of fact; conclusions of law;and a recommended decision on the issues
			 included in administrative complaint including, if necessary, suggested
			 administrative punishment pursuant to the charges in the administrative
			 complaint. The Hearing Officer's recommendations shall be considered by the
			 Board but are not binding on the Board. Within sixty (60) days after receipt of
			 the Hearing Officer's recommendation, the Board shall issue an appropriate
			 administrative order modifying, approving or rejecting there commendation. 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 this 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 submitted
			 in accordance with the Alabama Administrative Procedures Act, Section
			 13.i The administrative complaint and all
			 attachments 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 hearing or the admission of evidence may be stated orally or filed in
			 writing during the hearing. The objections and responses there to 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 off act.
(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:
Bob McKee
Statutory Authority:
Code of Ala.
				  1975
, §
										34-7A-15.