Alabama Administrative Code › Title 20 - ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD › Chapter 20-X-22 - RULES OF PRACTICE (TOBACCO) › Section 20-X-22-.01 - Rules Of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 party may appeal to the ABC Board an adverse initial decision, including the
			 findings of fact and the conclusion of the Hearing Commission or an initial
			 decision of the ABC Board itself, provided that a request therefor in writing
			 is received within fifteen (15) days after the date of notification of such
			 decision. At their option, a party may submit written exceptions to the
			 decision within the same fifteen-day period.
(2) A party may be represented by legal
			 counsel at any stage of administrative proceedings of the ABC Board at the
			 party's own expense.
(3)
			 Communications regarding appeal hearings, existing permits or applications for
			 permits should be addressed to the Secretary of the ABC Board, P. O. Box 1151,
			 Montgomery, Alabama 36101.
(4)
			 Continuances for good cause shown may be granted as in actions at law at the
			 ABC Board's discretion. Requests for continuances should be addressed to the
			 Secretary of the ABC Board, P. O. Box 1151, Montgomery, Alabama 36101, and
			 except in exigent circumstances, shall be received by the secretary no later
			 than five (5) business days prior to the scheduled hearing date in order to be
			 considered.
(5) Any final
			 administrative decision of the ABC Board, together with a written opinion
			 thereof, will be reduced to writing and transmitted to each party or their
			 representative.
(6) Hearings before
			 the ABC Board, in the absence of notice to the contrary, will be held at the
			 ABC Board's Central Office in Montgomery, Alabama.
(7) Reasonable notice of the time and place
			 of an appeal hearing shall be given to each party who appeared at the initial
			 hearing or their representative. Non-parties must request in writing to the
			 Secretary of the ABC Board, their desire to be notified of such appeal
			 hearings.
(8) Anyone who has an
			 interest in a case, as distinguished from the public interest in contested
			 permit application or permit renewal cases, upon timely application in writing
			 to the ABC Board, shall be permitted to intervene as a party when a statute
			 confers an unconditional right to intervene, or when the applicant has an
			 individual interest in the outcome of the case as distinguished from a public
			 interest and the existing representation of the applicant's interest is
			 inadequate.
(9) The record before
			 the Hearing Commission, including its initial decision, the transcript of
			 testimony, argument and exhibits, together with all papers and requested files
			 in the proceeding before the Commission, shall constitute the exclusive record
			 for the final decision of the Commission, if appealed to the ABC
			 Board.
(10) In computing any period
			 of time prescribed or allowed by these rules and regulations, such period shall
			 be computed according to Rule 6(a) of the Alabama Rules of Civil
			 Procedure.
(11) A party aggrieved
			 by a final administrative decision of the ABC Board may file a notice of appeal
			 or review in Circuit Court as specified in Section
			 41-22-20,
et seq
.,
Code of Ala.
			 1975
.
(12) Facsimile
			 or other similar electronic transmissions may be utilized for the purpose of
			 exchange of information between parties, but shall not be accepted for purposes
			 of official document filings with the ABC Board.
Author:
ABC Board
Statutory Authority:
Code of Ala.
				  1975
, §
										28-11-4.