(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. Delivery of the notice referred to in this subsection shall constitute commencement of the contested case proceeding.
(b) The notice shall include:
(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;
(4) A short and plain statement of the matters asserted. If the State Board of Chiropractic Examiners 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; and
(5) The summons and complaint shall be mailed at least 35 days prior to the scheduled date of the hearing. The board may specify in its rules and regulations the period for reasonable notice in the event service is refused or returned.
(c) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and make a decision in the absence of the party.
(d) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved and to be represented by counsel at their own expense.
(e) Informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order or default or by another method agreed upon by the parties in writing. The attorney for the State Board of Chiropractic Examiners shall have the authority to make any settlement offer to any respondent in a disciplinary proceeding. Such offer shall not be binding upon the State Board of Chiropractic Examiners.
(f) The record in a contested case shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) All evidence received or considered and all other submissions;
(3) A statement of all matters officially noticed;
(4) All questions and offers of proof, objections, and rulings thereon;
(5) All proposed findings and exceptions;
(6) Any decision, opinion, or report by the hearing officer at the hearing; and
(7) All staff memoranda or data submitted to the hearing officer or members of the board in connection with their consideration of the case.
(g) Oral proceedings shall be open to the public. Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the board for at least five years from the date of the decision and shall be made available for inspection by the public, except in those cases where the proceedings shall be ordered sealed by order of the court.
Structure Code of Alabama
Title 34 - Professions and Businesses.
Chapter 24 - Physicians and Other Practitioners of Healing Arts.
Division 3 - Certificates of Qualification.
Section 34-24-160 - Application; Qualifications of Applicant; Fee.
Section 34-24-161 - Examinations; Issuance and Replacement of License; Identification of Office.
Section 34-24-162.1 - Application; Licensure by Credentials.
Section 34-24-163 - Issuance of Certificates to Persons Practicing on January 1, 1960.
Section 34-24-164 - License to Be Recorded With Judge of Probate.
Section 34-24-166 - Refusal, Revocation, or Suspension - Grounds; Rules; Disciplinary Action.
Section 34-24-167 - Refusal, Revocation, or Suspension - Notice of Hearing; Procedure.
Section 34-24-170 - Costs and Fines.
Section 34-24-172 - Restoration of License.
Section 34-24-173 - Rules of Evidence in Contested Cases.
Section 34-24-174 - Form and Content of Final Order.
Section 34-24-175 - Appeal From Final Decision, Judicial Review.
Section 34-24-176 - Reinstatement of License.
Section 34-24-177 - Nonrenewal Pending Payment of Administrative Fine; Refund.