Alabama Administrative Code

Notes Ala. Admin. Code r. 480-1-2-.05 Filed September 30, 1982. Amended: Filed December 17, 1985; effective January 20, 1986. Amended: Filed March 20, 2003; effective April 24, 2003. Repealed by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 8/26/…

(1) Copies of departmental records and information from departmental files shall be provided to a party requesting same at cost provided that such party has a legal right to the records or information. (2) The cost shall include all expenses related to the providing of such copie…

In the event that the Department finds it necessary to adopt an emergency rule under the provisions of Code of Ala. 1975, § 41-22-5(b), the Department shall, prior to indexing and publication, make reasonable efforts to apprise the persons who may be affected by such emergency ru…

(1) A subscription to the Alabama Department of Industrial Relations Administrative Code shall be made available to those persons making written requests beginning in November of 1983 and each November thereafter. A subscription notification mailing list shall be established for …

A compilation of and index to all rules omitted from the Alabama Department of Industrial Relations Administrative Code shall be published at least annually in the Alabama Administrative Monthly W. F. Willett, Jr. Notes Ala. Admin. Code r. 480-1-2-.09 Statutory Authority: Code of…

(1) The notice of hearing in contested cases, not elsewhere provided for by rule or statute, shall be delivered to all parties to the proceeding at their last known address or place of business. (a) Delivery of the notice shall be by First Class Mail and shall be effective upon t…

(1) The testimony taken before a hearing officer relative to a claim for unemployment compensation benefits need not be transcribed unless an appeal is applied for or taken. (2) In the event no transcript is requested pursuant to this Rule by either party to an appeal to the Boar…

Reserved Notes Ala. Admin. Code r. 480-1-3-.01

(1) A person applying for leave to appeal to the Board of Appeals from a decision of a hearing officer shall file the same within 15 days after notice of such decision shall have been mailed. The application for leave to appeal shall be filed with the Clerk of the Board of Appeal…

(1) Within 30 days after the application for Leave to Appeal shall have been received by the Board of Appeals, the Board of Appeals shall either grant or deny the application solely on the basis of the application and the record. (2) Disallowance of Application. If an application…

The Board of Appeals in its discretion, may remand any claim or any issue involved in a claim to a hearing officer for the taking of such additional evidence as the Board of Appeals may deem necessary. Upon completion of the taking of evidence by a hearing officer pursuant to a d…

(1) The Board of Appeals may remove to itself or transfer to another Hearing Officer the proceedings on any claim pending before a Hearing Officer. (2) At any time within 15 days after a decision of a hearing officer has been mailed to the claimant and the other parties to the pr…

Notice of hearing shall be sent to all parties to the proceeding at their last known address or place of business. It is the duty and responsibility of each party to inform the Board of any change of address to which future notices mailed on the appeal will be delivered to that p…

(1) Upon a proper request by either party or an intervenor, the Board may issue a subpoena to compel the attendance of a witness or witnesses or may command the person to whom it is directed to produce designated books, papers, documents or tangible things which constitute or con…

(1) In any proceeding before the Board of Appeals, any party or an intervenor may represent himself or be represented by an attorney at law or by any other person who is qualified to represent others in the matters under consideration. Any such duly appointed attorney or represen…

(1) Postponements. Any hearing may be postponed or continued by the Board for good cause shown either upon the Board's own motion or upon the request of an intervenor or an interested party. Postponements shall be granted only when necessary to afford all parties a reasonable opp…

(1) The proceeding shall be fair and impartial and shall be conducted in such manner as the Board may determine to be best suited to determine the rights, duties and obligations of the parties. The order in which evidence is to be presented shall rest within the sound discretion …

(1) Following the conclusion of a hearing on an appeal, the Board of Appeals shall, within 30 days, announce its findings of fact and decision with respect to the appeal. The decision shall be in writing and shall be signed by the members of the Board of Appeals who heard the app…

(1) The testimony taken before a hearing officer relative to a claim for unemployment compensation benefits need not be transcribed unless an appeal is applied for or taken. (2) Any party to an appeal that has been allowed by the Board of Appeals may request a transcription of th…

Repealed Notes Ala. Admin. Code r. 480-1-4-.01

In all matters entrusted to a hearing officer by the Director under applicable statute rule or policy, the power and authority to enter decisions and judgments as appropriate under the applicable statutes, rules or policies, shall be conferred. Authors: George Cocoris, C. Lamon T…

(1) Duties. A Hearing Officer shall perform all duties generally required of an administrative hearings officer incidental to the conducting of assigned hearings and issuing decisions thereon. (2) Disqualifications. No Hearing Officer shall perform duties relative to the conduct …

(1) The proceeding shall be fair and impartial and shall be conducted in such manner as the Hearing Officer may determine to be best suited to determine the rights, duties and obligations of the parties. The order in which evidence is to be presented shall rest within the sound d…

(1) In any proceeding before a Hearing Officer, any party or an intervenor may represent himself or be represented by an attorney at law or by any other person who is qualified to represent others in the matters under consideration. Any such duly appointed attorney or representat…

(1) Upon a proper request by either party or an intervenor, the Hearing Officer may issue a subpoena to compel the attendance of a witness or witnesses or may command the person to whom it is directed to produce designated books, papers, documents or tangible things which constit…

(1) Withdrawals. An appeal may be withdrawn by the appellant at any time prior to the issuance of a decision with approval of the Hearing Officer before whom the matter is pending. Requests for withdrawal of an appeal shall be stated in the record of the proceeding or shall be su…

(1) In all cases coming before a Hearing Officer the Department of Industrial Relations shall be considered an interested party. (2) In cases involving the circumstances of an individual's separation from employment, the interested parties shall be the claimant, the Department of…

(1) A party appealing from a determination of a claims examiner on a claim for benefits shall file with the Department of Labor, 649 Monroe Street, Montgomery, Alabama 36131, a notice of appeal. This notice shall be in writing and shall include the appellant's name, address, soci…

(1) Postponements. Any hearing may be postponed or continued by the Hearing Officer for good cause shown either upon the Hearing Officer's own motion or upon the request of an intervener or an interested party. Postponements shall be granted only when necessary to afford all part…

(1) In all contested cases the Hearing Officer shall render a decision in writing within 30 days after the hearing is concluded. The decision shall be in writing and shall be signed by the Hearing Officer. It shall set forth the Hearing Officer's findings of facts with respect to…

(1) A party appealing from a determination of a claims examiner on a claim for unemployment compensation benefits shall file an appeal in writing with the Department of Labor, Montgomery, Alabama 36131. (2) A party contesting in any other matter shall file with the Department of …

(1) The Department of Labor, Hearing and Appeals Division, shall have the power to conduct unemployment compensation appeal hearings by use of a teleconferencing telephone system. (2) In any proceeding before a hearing officer using the teleconferencing method, any party intendin…

(1) An applicant wishing to submit a complaint concerning service received from any Alabama Career Center may do so using form ETA 8429. This form may be obtained from any Alabama Career Center. This form is signed by the person making the complaint and the agency staff member ac…

(1) The Employment Service will permit disclosure of information from its files and records: (a) To individual applicants and employers to the extent necessary for the efficient performance of recruitment, placement, employment counseling, and other Employment Service functions. …

(1) Purpose: (a) The intent of the Alabama Veterans Performance Incentive Award Program is to encourage the improvement and modernization of employment, training, and job placement services for veterans, and recognize eligible employees for excellence in providing such services, …

(1) Any superintendent, principal, attendance officer, health officer or other official charged with the enforcement of the provisions of Code of Ala. 1975, § 25-8-1 through § 25-8-30 in relation to Child Labor shall observe the procedures, precedents, interpretations, etc. conta…

(1) Upon the cancellation of an employment certificate, age certificate or permit, the Department shall give notice to all parties as provided in Rule 480-1-4-.09 and conduct a hearing as provided in Rules 480-1-4-.02 through 480-1-4-.11. (2) This rule shall become effective on O…

School attendance officers, when authorized by the Department of Industrial Relations pursuant to § 25-8-23, may initiate prosecutions under Code of Ala. 1975, § 25-8-1 through § 25-8-30 and shall have the same authority to initiate prosecutions as is given by law to the Departme…

(1) The number and location of water closets or privies and the number of required sanitary drinking fountains and the practicability of inside location of water closets shall be determined by the Department of Industrial Relations after reviewing the particular facts on a case b…

(1) If the Department of Industrial Relations determines after an inspection that there exists unsanitary or unhealthful conditions in an establishment where minors are employed, the Department shall issue a written order for the correction of such conditions and compel complianc…

(1) A child shall be immediately removed from any establishment when found by the Department of Labor: to be working there contrary to law; the child is found to be afflicted with any infectious, contagious or communicable disease; or when found that the performance of such work …

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.01 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.02 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.03 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.04 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6)

(Repealed) Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.05 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.06 Amended: Filed January 14, 1988, September 30, 1982; Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6)

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.07 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.08 Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).

(Repealed). Author: Marcus Davis, Workers' Compensation Examiner. Notes Ala. Admin. Code r. 480-3-2-.09 Emergency Rule July 1, 1992; Repealed effective February 14, 1993. Statutory Authority: Code of Ala. 1975, § 25-2-2(6).