Administrative Hearing Request Packet

ADMINISTRATIVE HEARING REQUEST PACKET

State of Alabama

Agency Contested Case Hearing

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet provides the forms and guidance necessary to request a contested case administrative hearing before an Alabama state agency. Use this packet when you have received an adverse agency action and wish to contest it through a formal hearing process.

1.2 Governing Law

Alabama administrative hearings are governed by the Alabama Administrative Procedure Act (AAPA), Ala. Code 1975 Section 41-22-1 et seq. The AAPA was enacted to establish uniform minimum procedures for all state agencies conducting contested case hearings.

Key provisions include:

• Section 41-22-3: Definitions, including "contested case" -- a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing.
• Section 41-22-12: Notice and opportunity for hearing, including the right to counsel, subpoena power, evidence rules, and record requirements.
• Section 41-22-13: Rules of evidence in contested cases (relaxed evidentiary standards).
• Section 41-22-14: Requirements for decisions and orders.
• Section 41-22-17: Application for rehearing (15-day deadline after final order).
• Section 41-22-20: Judicial review in circuit court (30-day filing deadline).

1.3 No Centralized Office of Administrative Hearings

Important: Unlike many states, Alabama does not have a centralized Office of Administrative Hearings (OAH). Each state agency conducts its own contested case hearings using hearing officers or presiding officers appointed by the agency. Some agencies have established their own hearing divisions, while others appoint hearing officers on a case-by-case basis.

This means:

• Filing procedures vary by agency
• Hearing request forms differ among agencies
• Deadlines may vary by agency-specific statute or regulation
• The specific agency that issued the adverse action is where you file your hearing request

1.4 Common Alabama Agencies Conducting Contested Case Hearings

• Alabama Board of Medical Examiners
• Alabama State Board of Pharmacy
• Alabama Board of Nursing
• Alabama Department of Revenue
• Alabama Department of Environmental Management (ADEM)
• Alabama Department of Labor
• Alabama Department of Human Resources
• Alabama Department of Insurance
• Alabama Real Estate Commission
• Alabama Board of Licensure for Professional Engineers and Land Surveyors
• Alabama Alcoholic Beverage Control Board
• Alabama Public Service Commission

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

You must file your hearing request within the time period specified in the agency's notice of adverse action. The AAPA does not establish a single uniform deadline for requesting a hearing -- each agency's enabling statute or regulations set the applicable deadline. Failure to file within the deadline may constitute a waiver of your right to a hearing.

Common Alabama filing deadlines:

ALWAYS check the notice of adverse action for the specific deadline applicable to your case. When in doubt, file as quickly as possible.

SECTION 3: TYPES OF ACTIONS REQUIRING A HEARING

Check all types of agency actions that apply to your situation:

☐ Professional license denial, revocation, suspension, or discipline
☐ Business permit or license denial or revocation
☐ Environmental permit denial or enforcement order (ADEM)
☐ Tax assessment dispute (Department of Revenue)
☐ Unemployment insurance benefit denial or overpayment determination
☐ Workers' compensation dispute
☐ Public assistance benefit denial (Medicaid, SNAP, TANF)
☐ Regulatory enforcement action or civil penalty assessment
☐ Government contract debarment or suspension
☐ Insurance license or company action
☐ Alcoholic beverage license denial or revocation
☐ Real estate license disciplinary action
☐ Public utility rate or service dispute (Public Service Commission)
☐ Child care facility licensing action
☐ Nursing home or health care facility licensing action
☐ Motor vehicle dealer license action
☐ Other: [________________________________]

SECTION 4: HEARING REQUEST FORM / PETITION

BEFORE THE [________________________________]

(Name of Alabama State Agency)

Agency Docket/Case No.: [____] (leave blank if not yet assigned)

REQUEST FOR CONTESTED CASE HEARING

I. PETITIONER INFORMATION

Attorney Information (if represented):

II. AGENCY / RESPONDENT INFORMATION

III. AGENCY ACTION BEING CHALLENGED

Type of Action (check one):

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of fine/penalty in the amount of $[________________________________]
☐ Enforcement order requiring [________________________________]
☐ Benefit denial or reduction of [________________________________]
☐ Tax assessment/deficiency in the amount of $[________________________________]
☐ Cease and desist order
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. STATUTORY BASIS FOR HEARING RIGHT

Petitioner is entitled to a contested case hearing pursuant to:

☐ Ala. Code Section 41-22-12 (AAPA - Notice and Opportunity for Hearing)
☐ Agency-specific statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Federal law requirement (specify): [________________________________]
☐ Due process clause, Alabama Constitution Art. I, Section 6
☐ Due process clause, U.S. Constitution, Fourteenth Amendment
☐ Other: [________________________________]

V. TIMELINESS STATEMENT

The agency action or notice was received on [__/__/____]. The applicable deadline to request a hearing is [____] days after receipt/service, as provided by [________________________________] (cite statute or regulation). The filing deadline is [__/__/____]. This request is being filed on [__/__/____], which is ☐ within / ☐ outside the applicable deadline.

If filed outside the deadline, state grounds for good cause or excusable neglect:

[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR CONTESTING THE AGENCY ACTION

Petitioner contests the agency action on the following grounds (check all that apply and provide details):

☐ The agency's factual findings are incorrect or unsupported by substantial evidence.
Explanation: [________________________________]
[________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures under the AAPA or agency rules.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary, capricious, or an abuse of discretion.
Explanation: [________________________________]
[________________________________]

☐ The agency exceeded its statutory authority.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights (state or federal).
Explanation: [________________________________]
[________________________________]

☐ New or additional evidence exists that was not previously considered.
Explanation: [________________________________]
[________________________________]

☐ The penalty or sanction is excessive or disproportionate to the violation.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]
[________________________________]

VII. SPECIFIC RELIEF REQUESTED

Petitioner requests the following relief:

☐ Reversal of the agency action in its entirety
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit that was revoked or suspended
☐ Reduction or elimination of the fine/penalty
☐ Rescission of the enforcement order
☐ Remand for further consideration with specific instructions
☐ Award of attorney's fees and costs (if authorized by statute)
☐ Other relief: [________________________________]

VIII. REQUEST FOR DISCOVERY

☐ Petitioner requests discovery in this matter pursuant to Ala. Code Section 41-22-12(d), including:
☐ Production of documents and records relied upon by the agency
☐ Identification of witnesses the agency intends to call at hearing
☐ Copies of all investigative reports
☐ Copies of expert reports or analyses
☐ Depositions of agency personnel
☐ Interrogatories directed to the agency
☐ Subpoenas duces tecum for records
☐ Other: [________________________________]

Note: Under Ala. Code Section 41-22-12(d), on motion of a party, the presiding officer may issue subpoenas, discovery orders, and protective orders in accordance with the Alabama Rules of Civil Procedure.

IX. REQUEST FOR STAY OF AGENCY ACTION

☐ Petitioner requests a stay of the agency action pending the outcome of this hearing.

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm absent a stay:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties:
   [________________________________]
   [________________________________]

4. The stay is consistent with the public interest:
   [________________________________]
   [________________________________]

X. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location:
☐ Montgomery
☐ Birmingham
☐ Huntsville
☐ Mobile
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Number of witnesses Petitioner expects to call: [____]

Dates of unavailability in the next 120 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

XI. SIGNATURE AND VERIFICATION

I declare under penalty of perjury under the laws of the State of Alabama that the information provided in this request is true and correct to the best of my knowledge and belief.

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Alabama State Bar No.: [____]

Date: [__/__/____]

SECTION 5: FILING CHECKLIST

Complete this checklist before submitting your hearing request:

☐ Hearing request form completed in full and signed
☐ Copy of agency notice/decision being challenged attached
☐ All referenced documents attached as exhibits
☐ Filing fee paid (if required by the specific agency)
☐ Filed within the applicable deadline (check agency-specific rules)
☐ Original filed with the correct agency office:

• Agency Name: [________________________________]
• Agency Address: [________________________________]
• Filed by: ☐ Personal delivery ☐ Certified mail ☐ Regular mail ☐ Email ☐ Fax
  ☐ Copy served on all parties by:
  ☐ Personal delivery
  ☐ Certified mail, return receipt requested
  ☐ First class mail
  ☐ Email (if authorized by agency rules)
  ☐ Facsimile
  ☐ Proof of service / certificate of service completed and attached
  ☐ Retained copy for personal records
  ☐ Calendar the following key dates:
  ☐ Hearing date (when scheduled)
  ☐ Prehearing conference (if scheduled)
  ☐ Discovery deadlines
  ☐ Exhibit exchange deadline
  ☐ Witness list deadline
  ☐ Rehearing application deadline (15 days after final order per Section 41-22-17)
  ☐ Judicial review deadline (30 days after final decision per Section 41-22-20)
  ☐ Verified correct filing address with the agency
  ☐ Confirmed whether the agency has its own hearing request form that must be used

SECTION 6: WHAT HAPPENS AFTER FILING

6.1 Acknowledgment and Docketing

The agency will acknowledge receipt of your hearing request and assign a docket or case number. Some agencies may send a formal notice confirming the hearing has been scheduled. Retain all correspondence.

6.2 Notice of Hearing

Under Ala. Code Section 41-22-12, the agency must provide all parties with reasonable notice in writing, delivered by personal service or certified mail, return receipt requested. The notice must include:

• A statement of the time, place, and nature of the hearing
• A statement of the legal authority under which the hearing is held
• A reference to the particular statutes and rules involved
• A short and plain statement of the matters asserted

6.3 Prehearing Conference

The presiding officer may schedule a prehearing conference to:

• Simplify or clarify issues
• Establish a discovery schedule
• Set deadlines for witness lists and exhibit exchanges
• Rule on preliminary motions
• Discuss potential settlement
• Address procedural matters

6.4 Discovery

Under Section 41-22-12(d), the presiding officer may issue subpoenas, discovery orders, and protective orders in accordance with the Alabama Rules of Civil Procedure. Discovery is not automatic -- it must be requested by motion.

6.5 The Hearing

The contested case hearing is conducted by a presiding officer (hearing officer or ALJ). Key features:

• Oath: Witnesses testify under oath
• Evidence presentation: Both parties present evidence and testimony
• Cross-examination: All parties may cross-examine witnesses
• Record: The agency must make a record of the hearing (recording, stenographer, or transcript)
• Burden of proof: Generally, the agency bears the burden when seeking to revoke, suspend, or deny; the applicant bears the burden in application proceedings

6.6 Decision and Final Order

Under Section 41-22-14:

• The final order must be in writing
• It must include separate findings of fact and conclusions of law
• It must be rendered within 30 days after the hearing (though extensions are common)
• The decision must be based exclusively on evidence of record and matters officially noticed

6.7 Application for Rehearing

Under Section 41-22-17:

• Must be filed within 15 days after entry of the final order
• Must specify in detail the grounds for rehearing
• The filing tolls the time for seeking judicial review
• The agency must rule on the application within 35 days, or it is deemed denied

6.8 Judicial Review

Under Section 41-22-20:

• Filed in the circuit court of the county where the agency maintains its headquarters, or where the party resides
• Must be filed within 30 days after receipt of the final decision (or after the rehearing decision)
• Review is on the administrative record
• Standard of review: whether the decision is supported by substantial evidence and is not arbitrary

SECTION 7: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Review the complete administrative record and all agency documents
☐ Identify all witnesses and prepare a comprehensive witness list
☐ Prepare subpoena requests for witnesses who may not attend voluntarily
☐ Request subpoenas duces tecum for documents in the possession of third parties
☐ Organize all exhibits chronologically or by subject and prepare an exhibit list
☐ Exchange witness lists and exhibits with opposing party per presiding officer's order
☐ Complete all outstanding discovery
☐ File any prehearing motions (motions in limine, motions to compel discovery)
☐ Research applicable Alabama statutes, regulations, agency rules, and case law
☐ Prepare a prehearing memorandum or brief (if required or permitted)

14 Days Before Hearing

☐ Confirm hearing date, time, and location with the agency
☐ Prepare witnesses (review testimony, cross-examination preparation)
☐ Prepare an outline for opening statement
☐ Prepare direct examination questions for each witness
☐ Prepare cross-examination questions for opposing witnesses
☐ Organize exhibits in hearing binders (original plus copies for presiding officer and opposing party)
☐ Confirm technology or equipment needs

7 Days Before Hearing

☐ File final witness and exhibit lists per presiding officer's order
☐ Confirm witness attendance
☐ Prepare closing argument outline
☐ Review all prehearing orders and ensure compliance
☐ Arrange travel and accommodations if hearing is outside your area
☐ Prepare a chronology of events for reference

Day of Hearing

☐ Arrive early and check in with the presiding officer or clerk
☐ Bring all original exhibits and sufficient copies
☐ Bring copies of relevant statutes, regulations, and rules
☐ Bring notepad and pen for notes during testimony
☐ Ensure all witnesses are present and ready
☐ Dress professionally and address the presiding officer with respect

SECTION 8: RIGHTS DURING THE HEARING

Under the Alabama Administrative Procedure Act, you have the following rights in a contested case hearing:

8.1 Right to Counsel

You have the right to be represented by an attorney at your own expense. Under Section 41-22-12(f), opportunity shall be afforded all parties to be represented by counsel at their own expense. You may also choose to represent yourself.

8.2 Right to Present Evidence

You have the right to respond and present evidence and argument on all material issues involved. Under Section 41-22-12(f), this includes documentary evidence, physical evidence, and witness testimony.

8.3 Right to Cross-Examine Witnesses

You have the right to cross-examine any witness presented by the agency or any other party. This right is fundamental to due process and is protected by both the AAPA and the Alabama Constitution.

8.4 Right to Subpoena Witnesses and Documents

Under Section 41-22-12(d), the presiding officer may issue subpoenas for the attendance of witnesses and for the production of documents. You may request subpoenas through the presiding officer.

8.5 Right to a Record

The agency must maintain a record of the hearing. Under Section 41-22-12(j), the record includes: testimony and exhibits, all papers filed, all agency memoranda or data considered, all staff memoranda submitted, matters officially noticed, hearing officers' proposals, and the final order.

8.6 Right to an Impartial Decision-Maker

The presiding officer must be impartial. Under Section 41-22-16, ex parte communications on the merits of a pending contested case are prohibited.

8.7 Right to Written Decision with Findings

Under Section 41-22-14, you are entitled to a final order in writing that includes separate findings of fact and conclusions of law.

8.8 Right to Rehearing and Judicial Review

You have the right to file an application for rehearing within 15 days (Section 41-22-17) and to seek judicial review in circuit court within 30 days of the final decision (Section 41-22-20).

SECTION 9: PROOF OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Request for Contested Case Hearing and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Title: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Title/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
☐ Personal delivery
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ United States Mail, first class, postage prepaid
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 10: PRACTICE NOTES AND TIPS

10.1 Identifying the Correct Agency Filing Office

Because Alabama has no centralized OAH, you must file your hearing request directly with the agency that issued the adverse action. Check the notice carefully for filing instructions. If the notice does not specify where to file, contact the agency's general counsel office.

10.2 Agency-Specific Forms

Many Alabama agencies have their own hearing request forms. Check the agency's website or contact the agency to determine whether a specific form is required. Using the agency's own form, when available, reduces the risk of a procedural deficiency.

10.3 Informal Settlement

The AAPA permits disposition by stipulation, agreed settlement, consent order, or default under Section 41-22-12(g). Consider reaching out to agency counsel to explore settlement before or during the hearing process.

10.4 Burden and Standard of Proof

In most Alabama contested cases, the standard of proof is preponderance of the evidence. The burden generally falls on the party asserting a claim -- the agency when pursuing enforcement, and the applicant when seeking a license or benefit.

10.5 Evidence Rules

Under Section 41-22-13, agencies in contested cases may admit evidence that is relevant, material, and not unduly repetitious. Agencies are not bound by the Alabama Rules of Evidence, but the evidence must be the type that reasonable and prudent persons would rely upon in the conduct of their affairs.

10.6 Preserving Issues for Judicial Review

To preserve an issue for judicial review, you must raise it during the administrative proceeding. Object on the record to any evidentiary rulings or procedural issues. Failure to raise an issue at the agency level generally waives it on appeal.

10.7 The 30-Day Judicial Review Window

After a final agency decision (or denial of rehearing), you have only 30 days to file for judicial review in circuit court under Section 41-22-20. This deadline is jurisdictional and strictly enforced.

SECTION 11: KEY CONTACTS AND RESOURCES

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary significantly by agency in Alabama. Because there is no centralized OAH, you must confirm the specific procedures, forms, and deadlines of the agency that issued the adverse action. You must have this template reviewed and customized by a qualified attorney licensed in Alabama before use. Filing deadlines are strictly enforced.