Service of the notice of charge may be made by personal service upon the accused by forwarding to the accused person via United States certified mail with return receipt requested addressed to the accused's last recorded mailing address, by common carrier approved by the Board with a return receipt requested addressed to the accused's last recorded mailing address, or by electronic mail at his or her last electronic mail address of record with delivery receipt requested. However, if the accused person shall not be a resident of Alabama or shall have departed from the state of Alabama, then notice of the date, time, and place of such hearing shall be published in a newspaper of general circulation in the county where said accused person shall have been last known to reside, one (1) time, at least three (3) weeks prior to the hearing, setting out the date, time, and place of the hearing. Service of notice of such charges shall constitute commencement of a contested case under the Alabama Administrative Procedures Act.

Author: Wallace D. Mills

Statutory Authority: Code of Ala. 1975, §§ 34-22-8, 34-22-42(10), 41-22-12.

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 Repealed: Filed July 9, 1990.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.