Alabama Administrative Code › Title 250 - ALABAMA BOARD OF COSMETOLOGY AND BARBERING › Chapter 250-X-1 - ADMINISTRATION › Section 250-X-1-.02 - Administrative Complaint Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When the Investigative Committee
			 determines disciplinary action against a licensee is necessary, the Board shall
			 prepare a summons and administrative complaint to be executed by the Executive
			 Director on behalf of the Board. However, the Board may enter into settlement
			 as referenced in paragraph 8 of Administrative Rule 250-X-1-.02 before issuance
			 of any summons and complaint.
(2)
			 The Board shall serve a copy of the summons and administrative complaint on the
			 licensee against whom the complaint has been filed. The method of service shall
			 be either certified mail or personal service. If the Board is unable to obtain
			 service of the summons and administrative complaint by certified mail or
			 personal service, the Board or its attorney may serve the summons and
			 administrative complaint by first class mail to the most recent address on file
			 with the Board of the licensee against whom the complaint has been
			 filed.
(3) The summons and
			 administrative complaint shall give notice in substantial compliance with the
			 Alabama Administrative Procedures Act, Section
			 12(b)
1
(4) Upon service of the administrative
			 complaint, the Board shall schedule an administrative hearing to be held within
			 two months of the date the summons and administrative complaint has been served
			 by certified mail or personal service. The administrative hearing shall be held
			 at the offices of the Board or other location designated by the
			 Board.
(5) If the person against
			 whom the administrative complaint has been filed is a member of the Board, that
			 Board member shall be notified in writing of the administrative charges by the
			 Board's Executive Director and shall not participate in any proceedings or
			 meetings related to the complaint.
(6) In all administrative charges issued by
			 the Board, the Board's attorney shall serve as prosecuting attorney and shall
			 present evidence in support of the administrative complaint
(7) Following its investigation, if the
			 Investigative Committee determines that no probable cause exists, the
			 investigative proceedings shall be terminated and investigation of that
			 complaint shall be closed.
(8) At
			 any time during the investigation process, the Investigative Committee,
			 Executive Director, or the Board's Attorney may enter into informal settlement
			 agreements on behalf of the Board.
(9) The Board retains the discretionary
			 authority to invoke the administrative complaint procedures set forth in these
			 Rules against any person in lieu of instituting criminal proceedings against
			 the unlicensed person. This provision does not restrict in any manner the
			 authority of other state or local law enforcement agencies to pursue criminal
			 penalties as otherwise provided by law.
1
Alabama Administrative Procedure Act, Section
			 41-22-12)b), Code of Alabama 1975, reads as follows:
(1)
A statement of the time, place,
			 and nature of the hearing;
(2)
A statement of the legal
			 authority and jurisdiction under which the hearing is to be
			 held;
(3)
A
			 reference to the particular sections of the statutes and rules involved;
			 and
(4)
A short
			 and plain statement of the matters asserted. If the agency of other party is
			 unable to state the matters in detail at the time the notice is served, the
			 initial notice may be limited to a statement of the issues involved.
			 Thereafter, upon application, a more definite and detailed statement shall be
			 furnished.
at the administrative hearing conducted by the Board or its
			 Hearing Officer.