Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.01 - Disciplinary Action

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All disciplinary actions taken by the Alabama Professional Bail Bonding Board
			 are to be communicated in writing to the licensee.
(2) Upon self-disclosure or receipt of a
			 written complaint on an APBB Consumer Complaint Form signed by the person
			 making the complaint, alleging that a licensee, unlicensed individual or
			 unlicensed company has violated a statute or rule by committing one or more of
			 the actions specified as grounds for disciplinary action, the Investigative
			 Committee shall perform a preliminary review of the facts stated to determine
			 if a violation of the Board's law or its rules may have occurred. The Consumer
			 Complaint Form must be completed before an investigation is
			 initiated.
(3) When a preliminary
			 review discloses that further investigation is not warranted, the Investigative
			 Committee may close the investigative file without any further action. All
			 closed non-founded complaints are not public information.
(4) The procedures of the Investigative
			 Committee are as follows:
(a) Within ten (10)
			 business days of receipt of a written complaint being filed against a licensee
			 the Board or its designee shall notify the licensee of the allegations and
			 provide a copy of the complaint by certified mail, addressed to the last known
			 address of the licensee on file with the Board. The licensee may submit a
			 written response to the allegations, together with any supporting
			 documentation, to the Executive Director within fifteen (15) business days of
			 receipt of the Board's notification. In addition to submitting a written
			 response to the allegations, a licensee may submit a written request to speak
			 to the investigative committee in person in response to the complaint within
			 fifteen (15) days of receipt of the Board's notification. It is solely within
			 the discretion of the investigative committee to grant or deny a request to
			 meet with the investigative committee.
(b) The Investigative Committee shall have
			 the authority to temporarily suspend a license, prior to the completion of the
			 investigation, for a period not to exceed (90) days.
(c) The Investigative Committee shall review
			 the complaint and other information submitted to determine if further action
			 and/or investigation is warranted.
(d) If further investigation is warranted,
			 the Board's Investigator shall conduct a further investigation under the
			 direction of the Executive Director and designated Board Member;
(e) At the conclusion of the investigation,
			 the investigator shall submit a report to be reviewed by the Investigative
			 Committee, which has the authority to act on the report;
(f) The Investigative Committee shall send
			 written notification to the complainant and the licensee of any action it
			 decides to take in response to the complaint or investigative report.
(g) If the Investigative Committee determines
			 that an investigation is not warranted, the Executive Director and designated
			 Board Member may close the investigative file. The Executive Director shall
			 notify the complainant and the licensee against whom the complaint was made
			 that the investigation has been closed and that no further actions will be
			 taken.