In a contested case, a majority of the officials of the agency who are to render the final order must be in accord for the decision of the agency to be a final decision. If any official of the agency who is to participate in the final decision has not heard the case or read the record and his vote would affect the final decision, the final decision shall not be made until a proposed order is prepared and an opportunity is afforded to each party adversely affected by the proposed order to file exceptions and present briefs and oral argument to the official not having heard the case or read the record. The proposed order shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision prepared by the person who conducted the hearing or one who read the record. The proposed order shall become the final decision of the agency without further proceedings, unless there are exceptions filed or an appeal to the agency within the time provided by rule. The parties by written stipulation may waive compliance with this section.
Structure Code of Alabama
Chapter 22 - Administrative Procedure.
Section 41-22-1 - Short Title.
Section 41-22-3 - Definitions.
Section 41-22-5.2 - Review of Existing Rules.
Section 41-22-6 - Designation and Duties of Agency Secretaries; Effective Dates of Rules.
Section 41-22-13 - Rules of Evidence in Contested Cases.
Section 41-22-14 - Intervention in Contested Cases.
Section 41-22-19 - Grant, Denial, Renewal, etc., of Licenses.
Section 41-22-21 - Appeal of Final Judgment of Circuit Court Under Section 41-22-20.
Section 41-22-22 - Joint Committee on Administrative Regulation Review.
Section 41-22-24 - Reconsideration of Disapproved Rules by the Legislature.
Section 41-22-25 - Construction and Applicability of Chapter.