Upon a finding of probable cause an administrative proceeding may commence in the name of the Board. The administrative proceedings constitute the commencement of a contested case against the subject of the complaint.Administrative proceedings may take the form of either an informal disposition or the issuance of an administrative complaint.Informal DispositionA complaint may be considered and resolved through alternative dispute resolution, informal conferences, meetings, or other informal means. Such shall be held without prejudice to the right of the Board thereafter to institute formal proceedings based upon the same or related material if circumstances so warrant.b. Informal disposition 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 and as approved by the Board.
- Administrative HearingsAdministrative hearings shall be conducted in accordance with the requirements of the Alabama Administrative Procedure Act.A statement of charges and notice of hearing shall be issued to the subject of the complaint.The statement of charges and notice of hearing may be delivered by any of the following methods:Personal service as in civil actions.Certified mail, return receipt requested.Commercial carrier, as described in the Alabama Rules of Civil Procedure.The Board shall provide for an administrative hearing before a hearing officer, who shall issue written findings of fact and conclusions of law and recommendations regarding disposition of the case for consideration by the board.The Board may issue subpoenas, compel the attendance of witnesses, and administer oaths to individuals giving testimony at hearings.
Author: Alabama Massage Therapy Licensing Board
Statutory Authority: Code of Ala. 1975, §34-43A-6.
History: New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.