reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 38 - ADEM Form 391 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 39 - ADEM Form 392 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 40 - ADEM Form 394 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 41 - ADEM Form 395 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 42 - ADEM Form 522 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 43 - ADEM Form 397 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 44 - ADEM Form 26 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › GENERAL ADMINISTRATION › APPENDICES (REPEALED) › Appendix A - Forms (Repealed) › Form 45 - ADEM Form 498 (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Marilyn Elliott, Russell A. Kelly,
						Aubrey White
Statutory Authority:
Code of
						Ala. 1975
, §§
												22-22A-5,
						22-22A-6,
						22-22A-8, 411-22-4,
						41-22-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter prescribes the Environmental Management
				  Commission's procedures for the hearing and determination of appeals of
				  administrative actions of the Alabama Department of Environmental
				  Management.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of this Chapter, the following words and
				  phrases, unless a different meaning is plainly required by the context, shall
				  have the following meanings:
(a)
				"administrative action" means the issuance, modification, repeal, or denial of
				any permit, license, certification, or variance, or the issuance, modification
				or repeal of any order, notice of violation, citation, rule, or regulation by
				the Department.
(b) "aggrieved"
				means having suffered a threatened or actual injury in fact.
(c) "Commission" means the Environmental
				Management Commission of the Alabama Department of Environmental
				Management.
(d) "Department" means
				the Alabama Department of Environmental Management, established by the Alabama
				Environmental Management Act,
Code of Ala. 1975
,
				§§
									22-22A-1 to
				22-22A-16.
(e) "person" means any and all persons,
				natural or artificial, including, but not limited to, any individual,
				partnership, association, society, joint stock company, firm, company,
				corporation, institution, trust, estate, or other legal entity or other
				business organization or any governmental entity, and any successor,
				representative, agent, or agency of the foregoing.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.03 - Right To Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Upon a proper request made and filed in accordance with Rule
				  335-2-1-.04, any person aggrieved
				  by an administrative action of the Department shall be entitled to a hearing
				  before the Commission or its designated Hearing Officer.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.04 - Request For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				person aggrieved by an administrative action of the Department, other than the
				issuance of any rule or regulation or emergency order, may file with the
				Commission a request for a hearing to contest such action within thirty days of
				such action.
(2) To obtain a
				hearing on any order assessing a civil penalty issued by the Department, an
				aggrieved person must either be subject to the order or have submitted timely
				written comments on the proposed order in accordance with
Code of
				Ala. 1975
, §
									22-22A-5(18).
(3) Any person aggrieved by the issuance,
				modification or repeal of any rule or regulation by the Department may file
				with the Commission a request for a hearing to contest such administrative
				action within forty-five days of the adoption of the rule or regulation by the
				Commission.
(4) Any person
				aggrieved by the issuance of any emergency order by the Department may file
				with the Commission a request for an expedited hearing to contest such
				administrative action. The request shall be filed within the time provided in
				paragraph (1), above.
(5) A request
				for a hearing to contest an administrative action of the Department shall be
				made in writing and shall contain:
(a) the
				name, mailing address, and telephone number of the person making the
				request;
(b) a short and plain
				statement identifying the administrative action of the Department being
				contested;
(c) a short and plain
				statement of the threatened or actual injury suffered by the person making the
				request as a result of the administrative action of the Department;
(d) a short and plain statement of the
				alleged error(s) made by the Department in the administrative action;
(e) a short statement of the terms and
				conditions which the person making the request proposes that the Commission
				should include in an order modifying or disapproving the Department's
				administrative action; and
(f) the
				name, mailing address, and telephone number of the attorney for the person
				making the request, if represented by an attorney.
(g) an original signature of the person
				making the request or such person's attorney.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.05 - Notice Of Filing A Request For Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Upon the filing with the Commission of a request for a
				  hearing to contest an administrative action of the Department, the person
				  making the request (the "petitioner") shall serve a copy of such request upon
				  the Department and any other parties required by this rule to be served. If the
				  administrative action appealed is the issuance of a permit, license,
				  certification, or variance, and the petitioner is a person other than the
				  recipient of said permit, license, certification, or variance, the petitioner
				  shall serve a copy of the request upon the recipient of the permit, license,
				  certification, or variance. If the administrative action appealed is the
				  issuance of a notice of violation or of an administrative order, and the
				  petitioner is a person other than the recipient of the notice of violation or
				  administrative order, the petitioner shall serve a copy of the request upon the
				  recipient of the notice of violation or administrative order.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.06 - Parties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In any hearing
				to contest an administrative action of the Department, the person making and
				filing a request for a hearing in accordance with Rule
				335-2-1-.04 (the "petitioner")
				shall be a party.
(2) In any
				hearing to contest an administrative action of the Department, the Department
				shall be a party.
(3) In any
				hearing to contest an administrative action of the Department, any person whose
				application to intervene is granted by the Commission or Hearing Officer shall
				be a party.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.07 - Motions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All motions,
				except those made orally on the record during a hearing, shall (a) be in
				writing; (b) state the grounds therefor with particularity; (c) set forth the
				relief or order sought; and (d) be accompanied by any affidavit, certificate,
				other evidence, or legal argument relied upon. Such motions shall be served as
				provided by Rule
				335-2-1-.24
(2) The Commission or Hearing Officer shall
				set a reasonable time for response to motions. A party's response to such
				motion shall be accompanied by any affidavit, certificate, other evidence, or
				legal argument relied upon.
(3) The
				Commission or Hearing Officer shall rule on all written motions within fifteen
				days after the last allowed time period for response or the last hearing on the
				motion, whichever is later. The failure of the Commission or Hearing Officer to
				rule on a motion within the time required will be considered a denial of said
				motion without prejudice. This paragraph shall not apply to motions to dismiss
				filed pursuant to Rule
				335-2-1-.21(4),
				or motions for summary judgment filed pursuant to Rule
				335-2-1-.22.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.08 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A motion for
				leave to intervene in any hearing to contest an administrative action of the
				Department shall set forth the grounds for the proposed intervention, the
				position and interest of the movant and the likely impact that intervention
				will have on the expeditious progress of the proceeding. Any person already a
				party to the proceeding may file an opposition to the motion to intervene,
				making specific reference to the factors set forth in the foregoing sentence
				and paragraph (6) of this section, within 10 days after service of the motion
				for leave to intervene.
(2) An
				application to intervene shall contain:
(a)
				the name, mailing address, and telephone number of the applicant;
(b) a short and plain statement identifying
				the administrative action of the Department being contested and, if possible,
				the name of the person who filed the request for a hearing to contest such
				action;
(c) a short and plain
				statement of the grounds for the application, including reference to any
				statute which confers an unconditional right to intervene or a statement of the
				individual interest of the applicant in the outcome of the hearing and a
				statement of why the representation of the interest of the applicant by persons
				already parties in the hearing is inadequate; and
(d) the name, mailing address, and telephone
				number of the applicant's attorney, if represented by an attorney.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.09 - Consolidation And Severance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commission or Hearing Officer may order consolidation, in whole or in part, of
				two or more hearings to contest an administrative action of the Department
				whenever it appears that such consolidation would expedite or simplify
				consideration of the issues and no party would be prejudiced thereby.
(2) The Commission or Hearing Officer may
				order severance, in whole or in part, of any hearings consolidated in
				accordance with paragraph (1) of this Rule whenever it appears that continued
				consolidation will not expedite or simplify consideration of the issues or will
				prejudice any party.
(3) The
				Commission or Hearing Officer may order severance, in whole or in part, of any
				hearing upon the consent of all parties or upon the motion of any party
				whenever it appears that severance would serve to make presentation of the
				issues more orderly and would not unduly delay the resolution of the issues.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.10 - Prehearing Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
				receipt by the Department of a request for hearing timely filed pursuant to
				Rule 335-2-1-.04, the Department shall
				waive the requirements of ADEM Admin. Code Rule
				335-1-1-.06 and shall make the
				Department's files immediately available to the petitioner and/or the
				petitioner's representative.
(2) No
				later than 15 days prior to the hearing, except by consent of the parties, the
				Commission or Hearing Officer shall direct the parties to appear at a specified
				time and place for one or more conferences, prior to or during a hearing to
				consider:
(a) settlement of the
				case;
(b) the identification,
				clarification, simplification, or limitation of the issues;
(c) the necessity or desirability of
				amendments to pleadings, except that amendments to cure jurisdictional defects
				shall not be allowed;
(d) the
				submission of admissions or stipulations as to facts or the genuineness of
				documents which will avoid unnecessary proof;
(e) the identification of facts, and the
				source thereof, of which official notice is proposed to be taken;
(f) the identification of persons with
				knowledge of any relevant matter;
(g) the identification of any expert
				witnesses expected to be called by any party to testify at the hearing and the
				substance of the facts and opinions to which the expert witness is expected to
				testify and a summary of the grounds for each opinion;
(h) the limitation of the number of expert or
				other witnesses;
(i) the deadline
				for the service of subpoenas to compel the attendance of any witness at the
				hearing;
(j) the need for the
				issuance of subpoenas for the production of any papers, books, accounts,
				payrolls, documents, or records, either prior to or at the hearing;
(k) the need for the issuance of subpoenas to
				compel the attendance of any witness at the taking of the witness' deposition,
				if such witness is unable to be present or to testify at the hearing because of
				age, illness, infirmity, or imprisonment or if the parties have agreed to the
				submission of the testimony of such witness in verified form;
(l) the possibility of submitting any
				evidence in verified form when the hearing will be expedited and the interests
				of the parties will not be prejudiced thereby, provided that the right of
				cross-examination of any witness shall not be denied;
(m) setting a time for the hearing;
				and
(n) such other matters as may
				aid in the disposition of the case.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.11 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as
				provided by Rule
				335-2-1-.10, discovery shall be
				permitted only upon determination by the Hearing Officer:
(a) That such discovery will not unreasonably
				delay the proceeding;
(b) That the
				information to be obtained is not otherwise obtainable;
(c) That such information has significant
				probative value; and
(d) That such
				information is not confidential, financial, commercial or trade-secret
				information, or privileged. The Commission shall give effect to the rules of
				privilege recognized and protected by law.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.12 - Subpoenas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The attendance
				of witnesses or the production of documentary evidence may be required by
				subpoena. The Chair of the Commission or the Hearing Officer may grant a
				request for a subpoena upon a showing of (a) the grounds and necessity
				therefor, and (b) the materiality and relevance of the evidence to be adduced.
				Request for the production of documents shall describe the evidence sought as
				specifically as practicable. A subpoena may be issued by the Chair of the
				Commission, the Hearing Officer, or a designee.
(2) Subpoenas shall be served in accordance
				with the Alabama Rules of Civil Procedure.
(3) Witnesses summoned before the Hearing
				Officer shall be paid the same fees for attendance and travel that are paid
				witnesses in the courts of Alabama pursuant to
Code of Ala,
				1975
, §
									12-19-131 and §
									12-21-181, and shall be paid from
				funds of the Department.
Authors:
Olivia H. Jenkins, Shawn
					 Sibley
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.13 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At
				least fifteen days prior to the commencement of any hearing to contest an
				administrative action of the Department, other than the issuance of an
				emergency order, the Commission or Hearing Officer shall give written notice of
				the time and nature of such hearing to the person requesting such hearing, the
				Department and any other named or necessary party. Such notice shall include a
				citation to the legal authority and jurisdiction under which the hearing is to
				be held and reference to the particular sections of the statutes and rules
				involved and a short and plain statement of the matters asserted by the
				requester.
(2) Within such time as
				may be reasonable under the circumstances, the Commission or Hearing Officer
				shall give notice of the time and nature of any hearing to contest the issuance
				of an emergency order to the person requesting such hearing, the Department,
				and any other named or necessary party.
(3) Any notice required by this Rule to be
				given to any party shall be delivered to such party either personally, by
				registered mail, or by certified mail return receipt requested. A Prehearing
				Order issued pursuant to Rule
				335-2-1-.10 at least fifteen days
				before the hearing shall satisfy the notice requirements of this Rule.
Author:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.15 - Default

Current through Register Vol. 42, No. 9, June 28, 2024
If a party fails to appear at a hearing after being given
				  proper notice thereof, the Commission or Hearing Officer may, if no adjournment
				  is granted, proceed with the hearing in the absence of the party. If the
				  petitioner fails to appear without good cause, such being submitted in writing
				  within twenty-four hours of the commencement of the scheduled hearing, the
				  Hearing Officer may recommend to the Commission a dismissal and the Commission
				  may then enter said order of dismissal. In the case of an emergency, the
				  Hearing Officer or Commission may waive the 24-hour notification
				  requirement.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.16 - Record

Current through Register Vol. 42, No. 9, June 28, 2024
The record of a hearing to contest an administrative action
				  of the Department shall include:
(a)
				the request for a hearing made and filed in accordance with Rule
				335-2-1-.04;
(b) all motions, applications and
				intermediate rulings and orders;
(c) all evidence admitted or for which an
				offer of proof has been made and all briefs; provided, in the event that
				evidence in any proceeding contains information which the Department has
				determined to be confidential or otherwise not available to the public under
				any law, rule, or regulation administered by the Department, the Commission and
				Hearing Officer shall take such steps as are necessary to prevent public
				disclosure of that information;
(d)
				a statement of all matters officially noticed;
(e) all questions and objections, and rulings
				thereon;
(f) all proposed findings
				and exceptions;
(g) the report of
				the Hearing Officer, if one was designated by the Commission.
(h) a certified copy of the court reporter's
				transcript of the proceedings; and
(i) the final Order of the Commission.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.17 - Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Within thirty
				days after the conclusion of a hearing contesting an administrative action of
				the Department, other than the issuance of an emergency order, the Commission
				shall issue an appropriate order modifying, approving, or disapproving the
				Department's action unless all the parties agree to some other period of
				time.
(2) Within such time as may
				be reasonable under the circumstances but not later than thirty days after the
				conclusion of a hearing contesting the issuance of an emergency order, unless
				all the parties agree to some other period of time, the Commission shall issue
				an appropriate order modifying, approving, or disapproving the Department's
				action.
(3) Any order of the
				Commission modifying, approving, or disapproving the Department's
				administrative action shall be in writing and shall include findings of fact
				and conclusions of law separately stated. Findings of fact shall be based
				solely on the evidence in the record and on matters officially noticed in the
				record. Findings of fact, if set forth in a manner which is no more than mere
				tracking of statutory language, shall be accompanied by a concise and explicit
				statement of the underlying facts of record which support the
				findings.
(4) The Hearing Officer's
				recommendation shall be given due weight but is not binding on the
				Commission.
(5) A copy of the order
				of the Commission shall be served upon each of the parties either personally,
				by registered mail, or by certified mail return receipt requested.
(6) In the case of the imposition of civil
				penalties in an administrative order, the Commission may increase or decrease
				the penalty assessed based upon the evidence presented as applied to the six
				penalty factors found at
Code of Ala. 1975
, Section
				22-22A-5(18).
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.18 - Majority Of Quorum Needed To Issue Order

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may not issue an order modifying, approving,
				  or disapproving an administrative action of the Department without the
				  concurrence of a majority of a quorum. A quorum shall be any four of the seven
				  members of the Commission. Recusal of a member of the Commission shall not
				  affect the quorum.
Author:
David A. Ludder
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.19 - Mandatory Recusal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				Commission member who was not present at a hearing to contest an administrative
				action of the Department and who has not considered the record, including a
				transcript of all testimony or comments given in such hearing, the pleadings,
				briefs, and the Hearing Officer's recommendation, shall recuse himself or
				herself from voting to issue any order modifying, approving, or disapproving
				such administrative action of the Department and from participating in any
				discussions with other members of the Commission concerning the issuance of any
				such order.
(2) Any party to a
				hearing contesting an administrative action of the Department may file a timely
				motion to compel the recusal of any member of the Commission from voting to
				issue an order modifying, approving, or disapproving such administrative action
				or to disqualify a Hearing Officer from conducting a hearing contesting such
				administrative action. Such motion shall be supported by a sufficient
				affidavit, made on personal knowledge, asserting conflict of interest or
				personal bias. The Commission shall determine the matter as part of the record
				of the hearing; however, the Commission member against whom conflict of
				interest or personal bias is asserted, shall recuse himself or herself from
				such determination.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.20 - Permissive Recusal

Current through Register Vol. 42, No. 9, June 28, 2024
Any Commission member may recuse himself or herself from
				  voting to issue any order modifying, approving, or disapproving an
				  administrative action of the Department and from participating in any
				  discussions with other members of the Commission concerning the issuance of any
				  such order if the Commissioner believes himself or herself to have a conflict
				  of interest or personal bias which would prevent the Commissioner's fair and
				  impartial consideration of the merits of the case.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.21 - Disposition Without Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				party who made and filed with the Commission a request for a hearing to contest
				an administrative action of the Department in accordance with Rule
				335-2-1-.04, may at any time
				before the commencement of a hearing withdraw the request by filing a notice
				thereof with the Commission and serving a copy upon the Hearing Officer and all
				parties in accordance with Rule
				335-2-1-.24.
(2) Any party who made and filed with the
				Commission a request for a hearing to contest an administrative action of the
				Department in accordance with Rule
				335-2-1-.04, may at any time
				after the commencement of a hearing file a motion for voluntary dismissal of
				the contest with the Commission. A copy of said notice shall be served upon all
				parties and the Hearing Officer in accordance with Rule
				335-2-1-.24.
(3) The parties to any hearing to contest an
				administrative action of the Department may at any time after the filing of the
				request for a hearing to contest an administrative action of the Department
				file with the Commission a proposed consent order modifying, approving, or
				disapproving the administrative action of the Department with a joint motion
				that the Commission issue an order in accordance therewith. A copy of said
				consent order shall be served upon the Hearing Officer as provided by Rule
				335-2-1-.24.
(4)
Motion to
				Dismiss
.
(a) Upon motion of the
				Department, the Commission may dismiss an action for failure of the petitioner
				to comply with any of the following:
1. The
				time requirements for filing a request for hearing set forth at Rule
				335-2-1-.04;
2. The pleading requirements of Rule
				335-2-1-.04;
3. An order of the Commission or Hearing
				Officer; or,
4. A requirement to
				appear and proceed at a pre-hearing conference or at the hearing.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.22 - Summary Judgment

Current through Register Vol. 42, No. 9, June 28, 2024
(a) The
				Commission or Hearing Officer, upon motion of any party or sua sponte, may at
				any time render an accelerated recommendation in favor of the petitioner or the
				respondent as to all or any part of the proceeding, without further hearing or
				upon such limited additional evidence, such as affidavits, as the Commission or
				Hearing Officer may require, if no genuine issue of material fact exists and a
				party is entitled to decision as a matter of law, as to all or any part of the
				proceeding.
(b) Before any motion
				is granted in accordance with this rule, all parties shall be given a
				reasonable opportunity to oppose such motion.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.23 - Stay Of Action Pending Issuance Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pending issuance of the Commission's
				order and upon application therefor made by any party, the Commission may stay
				the operation of the contested administrative action of the Department upon
				such terms and conditions as it may deem proper.
(2) An application for a stay of the
				operation of the contested administrative action shall state the grounds
				therefor.
(3) No stay of the
				operation of a contested administrative action of the Department shall be
				granted without prior notice to each party and an opportunity to be heard
				before the Commission. The Commission shall afford each party the opportunity
				to be heard, upon such terms and conditions as it may deem proper.
(4) The party moving for a stay shall file
				with the Commission all briefs, affidavits, exhibits and other evidence the
				movant wishes considered at least 6 days before the stay hearing. The opposing
				parties shall file any briefs, affidavits, exhibits or other evidence they wish
				considered at least 3 days before the stay hearing. The Commission, through its
				Chair, may grant oral argument on its own motion or upon request of a
				party.
(5) No stay of the operation
				of a contested administrative action of the Department shall be granted unless
				the party requesting the stay shows (a) that there is a substantial likelihood
				that the petitioner will prevail on the merits at the hearing, (b) that the
				movant will suffer irreparable harm if not granted injunctive relief, (c) that
				the benefits the stay will provide the movant outweigh the harm it will cause
				the opposing party, and (d) that issuance of the stay will not harm the public
				interest.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.24 - Filing And Service

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except
				as otherwise provided in this Chapter, the filing of any request, application,
				motion, or other pleading or paper with the Commission shall be made by
				delivering such request, application, motion, or other pleading or paper to:
Environmental Management Commission
1400 Coliseum Boulevard
Montgomery, Alabama 36110-1463
Filing shall not be timely unless the papers are received by
				  the Commission within the time fixed for filing, except that papers shall be
				  deemed filed on the day of mailing if mailed by certified, registered or
				  express mail of the United States Postal Service or a similar private
				  express-delivery service, and the date of the official post-mark is on or
				  before the time fixed for filing.
(2) A copy of every motion or other pleading
				or paper, other than a request for a hearing and application to intervene,
				filed with the Commission concerning a contested administrative action of the
				Department shall be served upon each of the parties, the Department's Office of
				General Counsel, and the Hearing Officer if one has been appointed. The Hearing
				Officer shall maintain a duplicate file during the course of the proceeding.
				When the Hearing Officer corresponds directly with the parties, a copy of the
				correspondence shall be sent to the Commission, a copy shall be maintained by
				the Hearing Officer in the duplicate file, and a copy shall be sent to all the
				parties. Parties who correspond directly with the Hearing Officer shall, in
				addition to serving all other parties, send a copy of all such correspondence
				to the Commission. A certificate of service shall accompany each document
				served under this subsection. Except as otherwise provided in this Chapter,
				service upon a party shall be made by delivering or mailing a copy to the party
				or the party's attorney, if represented by one. Delivery of a copy for purposes
				of service means: handing it to the party or the party's attorney; or leaving
				it at the party's office with his or her clerk or other person in charge
				thereof; or, if there is no one in charge, leaving it in a conspicuous place
				therein; or, if the office is closed or the person to be served has no office,
				leaving it at his or her dwelling house or usual place of abode with some
				person of suitable age and discretion then residing therein. Service by mail is
				complete upon mailing.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.25 - Computation Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
In computing any period of time prescribed by this Chapter or
				  by
Code of Ala. 1975
, §
									22-22A-7, the day of the event
				  from which the designated period begins to run shall not be included. The last
				  day of the period so computed shall be included, unless it is a Saturday, a
				  Sunday, or a legal holiday, in which event the period runs until the end of the
				  next day which is not a Saturday, a Sunday, or a legal holiday. A legal holiday
				  includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day,
				  Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any other day
				  appropriated as a holiday by the President or the Congress of the United
				  States, or the Governor of Alabama, or as prescribed in
Code of
				  Ala. 1975
, §
									1-3-8. With the exception of the
				  initial filing of the appeal request, whenever a party has the right or is
				  required to do some act or to take some proceedings within a prescribed period
				  after the service of a notice or other paper upon the party and the notice or
				  paper is served upon the party by mail, three days shall be added to the
				  prescribed period.
Authors:
David A. Ludder, Olivia H.
				  Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.26 - Ex Parte Communications

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				A party, or the party's attorney, shall not communicate, or cause another to
				communicate, with the Commission or any member thereof or a Hearing Officer, as
				to any matter which concerns a contested administrative action of the
				Department then pending, except:
(a) in the
				course of official proceedings concerning the contested administrative
				action;
(b) in writing if the party
				promptly serves a copy of the writing on all other parties;
(c) orally upon adequate notice to each party
				or the party's attorney; or
(d) to
				set up scheduling conferences and make other contacts of an administrative
				nature in which substantive issues are not discussed.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.28 - Objections To Hearing Officer's Recommendation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any party may object to the
				recommendation of the Hearing Officer by filing objections to the
				recommendation and an accompanying brief with the Commission within ten (10)
				days after the Hearing Officer's recommendation is served upon the parties. The
				objections shall set forth alternative findings of fact, alternative
				conclusions regarding issues of law or discretion, and a proposed order
				together with relevant references to the record and the Hearing Officer's
				recommendation.
(2) Not later than
				3 days prior to the meeting of the Commission to make its final decision, or
				ten days after receipt of notice of the filing of objections to the Hearing
				Officer's recommendation, whichever is sooner, any other party may file and
				serve with the Commission a reply brief responding to arguments raised by the
				objecting party, together with references to the relevant portions of the
				record, recommendation, or opposing brief. Rely briefs shall be limited to the
				scope of the objections. Further briefs shall be filed only with the permission
				of the Chair of the Commission.
(3)
				The Commission may grant oral argument of issues raised by the objections to
				the recommendation of the Hearing Officer on its own motion or upon request of
				a party. If oral argument is required, the argument shall be limited to the
				issues included in the objections filed with the Commission. The Commission may
				limit the amount of time each party shall have for oral argument. No oral
				argument will be allowed if objections to the Hearing Officer's recommendation
				are not filed.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.29 - Oral Argument Before The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
Any party may request oral argument before the Commission to
				  address matters raised by the Commission. The decision to allow oral argument
				  is discretionary with the Commission.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.30 - Practice Before The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall represent a party before the Commission
				  unless that person is licensed to practice law in the State of Alabama or has
				  been admitted pro hac vice in accordance with Rule VII, Rules Governing
				  Admission to the Alabama State Bar.
Author:
Olivia H. Jenkins
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-7,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-2 - PETITIONS FOR RULEMAKING › Section 335-2-2-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter prescribes the procedures for the submission,
				  consideration and disposition of petitions for rulemaking.
Author:
David A. Ludder
Statutory Authority
:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 41-22-8.