Any person aggrieved by an administrative action of the Agency, other than the issuance of any rule or regulation, may file with the Commission a request for a hearing to contest such action within thirty days of such action.Any person aggrieved by the issuance, modification or repeal of any rule or regulation by the Agency 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.A request for a hearing to contest an administrative action of the Agency shall be made in writing and shall contain:the name, mailing address, and telephone number of the person making the request;a short and plain statement identifying the administrative action of the Agency being contested;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 Agency;a short and plain statement of the alleged error(s) made by the Agency in the administrative action;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 Agency’s administrative action; andthe name, mailing address, and telephone number of the attorney for the person making the request, if represented by an attorney.an original signature of the person making the request or such person's attorney.A request for a hearing to contest an administrative action of the Agency shall be filed with the Commission. Filing may be accomplished by personal, private-service or mail delivery addressed to:ALABAMA HISTORICAL COMMISSION
ATTENTION: HEARINGS / APPEALS
Street Address: 468 South Perry Street Montgomery, AL 36104
Mailing Address: 468 South Perry Street Montgomery, AL 36104
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. A request for a hearing may not be filed electronically or by facsimile(telefax).
5.Within five (5) days of receipt by the Commission of a timely request for a hearing, the Agency shall file with the Commission, if appropriate, a notice alleging any pleading defects in the request for a hearing and identifying the omissions of information required by paragraph (4), above. A copy of the notice shall be served on the petitioner. Thereupon, the petitioner shall correct the identified defects within ten (10) days of receipt of the notice. Failure by the petitioner to cure all identified defects within the time provided shall deem the original filing an improper request and will not preserve that person's right to a hearing.
Author: Stacey Mills
Statutory Authority: Code of Ala. 1975, §41-9-241, §41-9-249.
History: New Rule: Published January 30, 2026; effective March 16, 2026.