Administrative Hearing Request Packet

ALABAMA ADMINISTRATIVE HEARING REQUEST PACKET

Find the hearing right first. Under Ala. Code § 41-22-3(3), a matter is a
contested case only when law requires an agency to determine a party's legal
rights, duties, or privileges after an opportunity for hearing. Section
41-22-12 supplies procedure in a contested case after commencement; it is not
a universal source of a hearing right or request deadline.

Use the agency's notice, organic statute, current rules, and required form.
File with the exact recipient and method they specify. If those sources do
not create a hearing right, do not submit this packet as though the AAPA does.

CONTENTS

1. Coverage and Hearing-Right Gate
2. Agency Action and Deadline Intake
3. Hearing Request
4. Contested-Case Procedure Worksheet
5. Final Order, Rehearing, and Judicial Review
6. Official Sources

1. COVERAGE AND HEARING-RIGHT GATE

A. Is the decision-maker an AAPA agency?

Ala. Code § 41-22-3(1) defines "agency" and excludes or limits specified bodies.
The current text excludes the Legislature and its agencies, the Alabama State
Port Authority, the courts, the Alabama Public Service Commission, and the
State Banking Department, whose procedures are separately governed. It also
excludes postsecondary boards of trustees, public-pension plan boards,
counties, municipalities, and local governmental units unless general or
special law expressly makes them subject to the chapter.

Do not rely on the entity's name alone. Confirm the current statute governing
that entity and action.

B. Is the matter a contested case?

Ala. Code § 41-22-3(3) requires all of the following:

☐ A proceeding involving legal rights, duties, or privileges of a party.

☐ A determination by an agency.

☐ A hearing opportunity required by law.

The definition includes, but is not limited to, specified ratemaking, price
fixing, and licensing proceedings. It excludes intra-agency personnel actions
and specified pardon-and-parole matters.

Source creating the required hearing opportunity:

[____________________________________________________________]

If no constitution, statute, rule, license provision, or other current law
requires a hearing opportunity, stop and identify the actual reconsideration,
appeal, declaratory, or judicial route.

C. Agency-specific intake gate

The agency-specific source controls if it supplies different or additional
requirements.

2. AGENCY ACTION AND DEADLINE INTAKE

A. Requester

B. Agency action

Attach the complete notice, order, and every referenced enclosure.

C. Deadline calculation

Do not use the former packet's copied professional-license, environmental, tax,
benefit, unemployment, insurance, alcohol, or workers' compensation deadlines.
Each requires its own current official source.

D. Claims and issues

E. Relief

Relief authorized by the governing agency statute or rule:

[____________________________________________________________]

Requested disposition:

[____________________________________________________________]

Do not request fees, damages, injunctions, discovery, a stay, license action,
benefit payment, or another remedy without identifying the authority that lets
the agency grant it.

3. HEARING REQUEST

Use the agency's mandatory form when one exists.

Filing method: [________________________________]

Filing deadline: [__/__/____]

Before the [exact agency and division]

Agency docket / reference number: [________________________________]

REQUEST FOR [EXACT HEARING OR REVIEW NAME]

Requester: [________________________________]

Address: [________________________________]

Telephone and email: [________________________________]

Counsel or representative: [________________________________]

A. Action challenged

The Requester challenges [identify the exact notice, order, determination, or
action] dated [__/__/____] and received or served on [__/__/____]. A complete
copy is attached as Exhibit A.

B. Hearing authority

The right to request this hearing arises under:

• statute: [________________________________];
• agency rule: [________________________________];
• notice or order provision: [________________________________]; and
• other authority, if any: [________________________________].

Ala. Code § 41-22-12 is cited only for procedure after a qualifying contested
case is commenced; it is not asserted as the independent source of this hearing
right.

C. Timeliness and filing

The governing source requires filing by [__/__/____], calculated as follows:

[____________________________________________________________]

This request is filed by [authorized method] with [authorized recipient] on
[__/__/____].

If timeliness is disputed, state the supported position without assuming a
universal good-cause or excusable-neglect exception:

[____________________________________________________________]

D. Grounds

1. The action states: [________________________________].

Response: [____________________________________________________________].

Supporting Exhibits: [________________________________].

2. The action states: [________________________________].

Response: [____________________________________________________________].

Supporting Exhibits: [________________________________].

3. Procedural, jurisdictional, constitutional, statutory, or regulatory issue:

[____________________________________________________________].

E. Relief requested

The Requester asks the Agency to grant only relief authorized by [source]:

[____________________________________________________________]

F. Procedure requested

☐ Written confirmation of receipt and docket number.

☐ Notice containing the items required by the governing law and agency rule.

☐ Identification of the presiding officer and authorized agency contact.

☐ Disclosure of the current procedural rules, scheduling order, and required
forms.

☐ Accommodation or interpreter request: [________________________________].

☐ Other authorized request: [________________________________].

A discovery, subpoena, protective-order, stay, remote-hearing, or location
request must identify its separate authority and should not be included
automatically.

G. Attachments

H. Signature

I certify that the factual statements are true and correct to the best of my
knowledge after reasonable review. Any required oath, verification, declaration,
or representative certification must be taken from the agency's governing
form or rule.

Signature: ________________________________________

Printed name and capacity: [________________________________]

Date: [__/__/____]

I. Service

I certify that on [__/__/____], a copy was served on the following persons by
the methods authorized by [agency rule or order]:

Signature: ________________________________________

4. CONTESTED-CASE PROCEDURE WORKSHEET

Use this section only after confirming AAPA coverage and commencement of a
contested case.

A. Notice under § 41-22-12(a)-(b)

Section 41-22-12(a) requires reasonable written notice delivered by personal
service as in civil actions or certified mail, return receipt requested, unless
an agency rule permits another means within the statute's limits. Delivery
constitutes commencement of the contested case.

The notice must include:

☐ Time, place, and nature of the hearing.

☐ Legal authority and jurisdiction.

☐ Particular statutes and rules involved.

☐ A short and plain statement of matters asserted.

If the initial notice states only issues because detail was unavailable, a party
may apply for a more definite and detailed statement.

Notice review:

[____________________________________________________________]

B. Motions, subpoenas, and discovery under § 41-22-12(c)

On a party's motion, the presiding officer may issue subpoenas, discovery orders
on relevant matters, and protective orders in accordance with the Alabama Rules
of Civil Procedure. This is authority for a request to the presiding officer,
not automatic civil discovery.

The agency may set a reasonable subpoena fee by rule. Section 41-22-12(c) does
not apply to State Ethics Commission proceedings.

C. Participation and informal disposition

Section 41-22-12(e) affords parties an opportunity to respond and present
evidence and argument on material issues and to be represented by counsel at
their own expense. A multi-level statutory process may require the evidence
opportunity at only one level unless its statute says otherwise.

Unless a statute precludes it, § 41-22-12(f) permits informal disposition by
stipulation, agreed settlement, consent order, default, or another method agreed
upon in writing.

D. Record and oral proceedings

Track the record items listed in § 41-22-12(g):

☐ Pleadings, motions, and intermediate rulings.

☐ Evidence received or considered and other submissions.

☐ Officially noticed matters.

☐ Questions, offers of proof, objections, and rulings.

☐ Proposed findings and exceptions.

☐ Hearing-officer decision, opinion, or report.

☐ Staff memoranda or data submitted in connection with consideration, subject
to the statute's privilege and confidentiality limits.

Under § 41-22-12(h), oral proceedings are public unless private hearings are
authorized by law and are recorded by mechanized means or a qualified shorthand
reporter. A party may request transcription at that party's expense. The agency
maintains the recording, notes, or transcript for at least five years, subject
to stated sealing and privacy exceptions.

E. Evidence under § 41-22-13

The statute generally follows evidence rules used in nonjury circuit-court
civil cases, while permitting specified commonly relied-upon evidence when
necessary and not precluded by statute. It gives effect to legal privileges,
allows objections and offers of proof, requires party and witness testimony
under oath, permits cross-examination needed for full and true disclosure
subject to other law, and provides a process for official notice.

Evidence plan:

5. FINAL ORDER, REHEARING, AND JUDICIAL REVIEW

A. Final order under § 41-22-16

For a proceeding affecting substantial interests, § 41-22-16 requires a written
final order made part of the record with separately stated findings of fact and
conclusions of law. The section states a 30-day rendering period keyed to the
way the matter was submitted, but permits waiver or extension with all parties'
consent and extension by law for specific agencies.

The statute also addresses underlying-record facts, rulings on submitted
requests, immediate-danger orders, and service of final orders. Read the exact
section and agency-specific law before calculating a post-hearing deadline.

B. Rehearing under § 41-22-17

A party to a contested case aggrieved by a final order may file an application
for rehearing within 15 days after entry of the order. The application must
detail the grounds and supporting authorities and be served on all parties of
record.

Filing the application does not extend, suspend, modify, or delay the order's
effective date. Within 30 days after filing, the agency may set a hearing, act
without a hearing, or grant or deny the application. No order within that period
means the application is deemed denied at expiration.

Do not substitute the former packet's 35-day deemed-denied rule or state that a
rehearing application automatically stays the order.

C. Judicial review under § 41-22-20

Do not use the initial hearing-request form as a judicial-review pleading.
Section 41-22-20 has separate exhaustion, notice, cost-bond, venue, service,
record, petition-content, evidence, stay, and review provisions.

The operative text on August 15, 2026 states a 30-day period after receipt or
service of the final decision—or after receipt or service of the rehearing
decision—for filing the notice of appeal or review with the agency. It
separately states that the circuit-court petition is filed within 30 days after
the notice. Agency-specific law and the statute's exceptions must be checked.

Filing does not itself stay enforcement. Section 41-22-20(c) contains distinct
rules for license suspension or revocation and for other decisions.

D. October 1, 2026 amendment

Act 2026-319, enacted as SB 167, becomes effective October 1, 2026. The official
act summary states that it amends § 41-22-20's judicial-review standard by
removing specified presumptions and non-substitution language and directing
courts how to consider agency interpretations of statutes and rules.

The official Code endpoint already displays a future version with that
effective date. Apply the version operative on the review date; do not apply
the October text early.

6. OFFICIAL SOURCES

• Ala. Code § 41-22-3:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-3

• Ala. Code § 41-22-12:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-12

• Ala. Code § 41-22-13:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-13

• Ala. Code § 41-22-16:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-16

• Ala. Code § 41-22-17:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-17

• Ala. Code § 41-22-20:
  https://alison.legislature.state.al.us/code-of-alabama?section=41-22-20

• Official Alabama Legislature record for SB 167 / Act 2026-319:
  https://alison.legislature.state.al.us/bill-search

This packet is informational only and requires review and customization by a
qualified Alabama attorney and confirmation of the agency-specific right,
deadline, form, recipient, filing method, and procedure.