After receipt of the complaint, the response of the accused person, and completion of the preliminary investigation specified in Rule 630-X-3-.04, the Board shall meet in executive session with its legal counsel and determine whether or not probable cause exists to believe that conduct on the part of the accused person has occurred which would warrant disciplinary action if established by evidence. If a member or agent of the Board filed the complaint to be considered, said member or agent shall take no part in the executive session specified above except to the extent of giving testimony in connection to the charge. If the Board determines that no probable cause exists, that the complaint does not describe conduct which is within the jurisdiction of the Board to discipline, or is otherwise frivolous, the Board shall take no further action. The minutes of the meeting shall reflect that a charge was considered and found insufficient to justify a hearing, and no mention of the name of the accused person or complainant shall appear in said minutes. In that event, the accused person and the complainant shall be so notified in writing by the Board or an agent thereof. If, on the other hand, after considering all matters before it, the Board finds that probable cause exists to believe that a violation has occurred which would warrant disciplinary action if established by the evidence, then the Board shall cause formal charges to be filed against the accused person and adopt a resolution setting a date, time, and place for a hearing on the said charges. The hearing shall be held either within the city of Montgomery, Alabama or in the county in which the accused person resides. At its discretion, the Board may adopt proposed sanctions for inclusion in the notice to the accused.

Author: Wallace D. Mills

Statutory Authority: Code of Ala. 1975, §§34-22-8, 34-22-42(3).

Editor’s Note: Previous rule (same title) filed September 13, 1982. Repealed: Filed July 9, 1990.

History: Filed July 9, 1990. Amended: Filed August 28, 1995; effective October 2, 1995. Amended: Published September 30, 2025; effective November 14, 2025.