Alabama Administrative Code › Title 870 - ALABAMA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY › Chapter 870-X-5 - BOARD'S FUNCTION AS A PUBLIC REGULATORY BODY › Section 870-X-5-.01 - Regulatory Functions Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board
					shall administer, coordinate, and enforce the provisions of this Act. The Board shall
					also evaluate the qualifications and supervise the examinations of applicants for
					licensure under this Act, and shall, at its discretion, investigate allegations of
					practices violating the provisions of this Act. Any such allegations submitted to the
					Board must be written, signed, and include a verifiable return address before the Board
					will consider investigation. The following procedure will be followed after the receipt
					of an allegation of a violation.
(a) The letter of
					allegation will be kept by the chair of the Credentials Review and Enforcement Committee.
					Any and all communication shall be addressed to the chair of the Credentials Review and
					Enforcement Committee, the Assistant Attorney General or the Executive Secretary. If any
					other member of the Board is contacted with regard to the complaint, the complaint may be
					dismissed. The complainant must be represented by either (1) self or (2) an attorney
					licensed by the State of Alabama.
(b) The
					chair of the Credentials Review and Enforcement Committee will write the complainant to
					acknowledge the receipt of the allegation.
(c) The allegation will be investigated if the Board
					deems such an investigation to be appropriate.
(d) The complainant will be informed whether the Board
					investigated and, if so, the outcome of the investigation.
(e) The Credentials Review and Enforcement Committee
					shall present its finding to the Board in a closed Executive Session of the
					Board.
(f) Any Board member will abstain from
					voting in connection with a complaint if there is any question of a conflict of
					interest.
(g) If the Board deems the facts
					are not sufficient for a violation of ADESPA's law and Rules and Regulations, the file
					shall be closed and all parties notified. Any party who disagrees with the Board's
					closure of a case without further action may appeal the Board's decision in accordance
					with
Code of Ala. 1975
, §§
									34-28A-26(c) and
					41-22-20.
(h) If the Board finds there is probable cause to take
					"formal" action on the complaint, the complaint may be resolved through informal or
					formal proceedings.
(i) Informal
					Proceedings: This procedure allows the Board to settle a complaint where the following
					are met:
i. The complaint is not contested.
ii. The party admits his/her guilt to the
					charges.
iii. The party agrees to a Consent
					Decree and Final Order.
(j) Formal
					Proceedings: This procedure requires the Board to conduct a hearing before a final
					decision is reached.
i. The hearing on the complaint
					will be conducted in accordance with the provisions outlined in
Code of Ala.
					1975
, §
										34-28A-26(b).
					This provision shall govern notices and the hearing procedure.
ii. Evidence received at the hearing shall be received
					in accordance with
Code of Ala. 1975
, §
										41-22-13.
iii. After the hearing is conducted, the board shall
					enter a final order setting forth its decision. The final order shall comply with the
					requirements of
Code of Ala. 1975
, §
										41-22-16.
iv. If the Board's decision is decided adversely to a
					party, he/she may file an application for rehearing with the Board in accordance with
Code of Ala. 1975
, §
										34-28A-26(c).
v. An aggrieved party may appeal the Board's decision
					to the Circuit Court of Montgomery County, Alabama. All matters appealed from the Board's
					final decision shall be governed by
Code of Ala. 1975
,
					§§
										34-28A-26(c) and
					41-22-20.
(k) Punishment: Any party, who is found to
					have violated the provisions governing the Alabama Board of Examiners for Speech-Language
					Pathology and Audiology through a formal or informal proceeding, shall be subject to the
					following punishment:
i. Licensees - A licensee's
					license to practice Speech-Language Pathology and/or Audiology shall be subject to
					suspension, revocation, reprimand, or a fine not to exceed $1,000 for each offense. See
Code of Ala. 1975
, §§
										34-28A-26(a) and
					34-28A-42(g).
ii. Non-Licensees - a non-licensee shall be fined not
					less than $100 nor more than $500 for each offense. See
Code of Ala.
					1975
, §
										34-28A-4(a).