Alabama Administrative Code Chapter 485-X-8 — Disciplinary Action

485 Alabama State Board of Registration for Interior Design

Ala. Admin. Code r. 485-X-8-.01 Injunctions

(1) If the board determines that any person is in violation of the title restrictions contained in Section 34-15C-9, or that any registered interior designer is violating any other provision of this chapter, the board, in its own name, may seek injunction in the circuit court for the county of residence of the accused, and the court may enjoin such person from violating this chapter, regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.

History

• Author: Alabama Board for Registered Interior Designers
• Authority: Code of Ala. 1975, §§34-15C-12(c).
• New Rule: Filed May 6, 2002; effective June 10, 2002. Repealed and New Rule: Filed September 15, 2008; effective October 20, 2008. Repealed and New Rule: Filed September 24, 2010; effective October 29, 2010.
• Editor's note: Previous Rule 485-X-7-.08 was renumbered to 485-X-8-.01 as per certification filed September 15, 2008; effective October 20, 2008.

Ala. Admin. Code r. 485-X-8-.02 Disciplinary Hearings

(1) All disciplinary proceedings shall be conducted in accordance with the applicable provisions of the Alabama Administrative Procedures Act on due process.

(2) The board shall not bring any disciplinary actions against any person who is not a current registered interior designer. Actions against non-1icensed persons must be brought before the courts.

(3) The registrant shall be given not less than forty-five (45) days written notice of any hearing to consider disciplinary action sent by certified mail, return receipt requested, and addressed to the last known address of the registrant.

(4) The registrant may at all times be represented by counsel of his/her choosing or may waive the right.

(5) The board may utilize an administrative hearing officer to preside over hearings and who may issue subpoenas, discover orders related to relevant matters, and protective orders in accordance with the rules of civil procedure. The hearing officer provides a summary of findings of facts and conclusions of law, along with recommendation to the board. Any board member who assists in the investigation process must then recuse themselves from the administrative hearing process, other than acting as a witness, and from voting on any disciplinary measures.

(6) The board shall consider the report of the hearing officer and vote to accept, modify, or reject the recommendations of the hearing officer.

(7) Any disciplinary action adjudged appropriate by the board shall be transmitted to the registrant within thirty (30) days following the board’s final order in the case.

(8) Board members must abstain from participating or voting in disciplinary investigations or hearings if the registrant under investigation is in their employ or under their supervision; or if there is a legal, ethical, or moral question vis-à-vis the board member and the registrant.

History

• Author: Alabama Board for Registered Interior Designers
• Authority: Code of Ala. 1975, §34-15C-12.
• New Rule: Filed May 6, 2002; effective June 10, 2002. Amended: Filed April 2, 2003; effective May 7, 2003. Repealed and New Rule: Filed September 15, 2008; effective October 20, 2008. Repealed and New Rule: Filed September 24, 2010; effective October 29, 2010.
• Editor's note: Previous Rule 485-X-7-.06 was renumbered to 485-X-8-.02 as per certification filed September 15, 2008; effective October 20, 2008.

Ala. Admin. Code r. 485-X-8-.03 Negotiated Settlements

The Administrative Procedure Act and Chapter 34-15C-12(a) provides that this board may enter into negotiated settlements for any contested case with a registered interior designer as a means of resolving a disciplinary hearing. The amount of the monetary settlement or conditions agreed upon is not governed by the agency’s enabling statutes for penalties and fines, but is set according to conditions the parties to the case agree upon in writing.

History

• Author: Alabama Board for Registered Interior Designers
• Authority: Code of Ala. 1975, §34-15C-12(a).
• New Rule: Filed May 6, 2002; effective June 10, 2002. Amended: Filed April 2, 2003; effective May 7, 2003. Repealed and New Rule: Filed September 24, 2010; effective October 29, 2010.

Ala. Admin. Code r. 485-X-8-.04 Appeals

The accused may appeal any disciplinary action taken by the board to the Circuit Court of Montgomery County, Alabama, or to the circuit court for the county of residence of the accused. Either party has the right to appeal from the final decree of the circuit court as provided by law.

History

• Author: Alabama Board for Registered Interior Designers
• Authority: Code of Ala. 1975, §34-15C-12(b).
• New Rule: Filed September 15, 2000; effective October 20, 2000. Amended: Filed June 20, 2001; effective July 25, 2001. Amended: Filed May 6, 2002; effective June 10, 2002. Amended: Filed April 2, 2003; effective May 7, 2003. Repealed and New Rule: Filed September 15, 2008; effective October 20, 2008. Repealed and New Rule: Filed September 24, 2010; effective October 29, 2010.
• Editor's note: Previous Rule 485-X-7-.01 was renumbered to 485-X-8-.04 as per certification filed September 15, 2008; effective October 20, 2008.