(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. However, an agency may provide by rule for the delivery of such notice by other means, including, where permitted by existing statute, delivery by first class mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice referred to in this subsection shall constitute commencement of the contested case proceeding.
(b) The notice shall include:
(1) A statement of the time, place, and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the statutes and rules involved; and
(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
(c) In a contested case, on motion of a party, the presiding officer conducting the hearing may issue subpoenas, discovery orders related to relevant matters, and protective orders in accordance with the rules of civil procedure. The agency may set a reasonable fee by rule for the issuance of a subpoena to be paid by the moving party. Process issued pursuant to this subsection shall be enforced by a court in the same manner as process issued by the court. This subsection shall not apply to proceedings before the State Ethics Commission.
(d) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and make a decision in the absence of the party.
(e) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved and to be represented by counsel at their own expense. Provided, where the statutory determinative process is a multi-level or multi-step procedure, the opportunity to present evidence need be afforded the parties at only one level or step in the determination process, unless otherwise provided by statute establishing such determination process.
(f) Unless precluded by statute, informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order, or default or by another method agreed upon by the parties in writing.
(g) The record in a contested case shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) All evidence received or considered and all other submissions; provided, in the event that evidence in any proceeding may contain proprietary and confidential information, steps shall be taken to prevent public disclosure of that information;
(3) A statement of all matters officially noticed;
(4) All questions and offers of proof, objections, and rulings thereon;
(5) All proposed findings and exceptions;
(6) Any decision, opinion, or report by the hearing officer at the hearing; and
(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case unless such memoranda or data is protected as confidential or privileged; provided, if such memoranda or data contains information of a proprietary and confidential nature, it shall be protected by the agency from public disclosure.
(h) Oral proceedings shall be open to the public, unless private hearings are otherwise authorized by law. Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the agency for at least five years from the date of decision and shall be made available for inspection by the public, except in those cases where private hearings are authorized by law, or where the proceedings shall be ordered sealed by order of court, or are required to be sealed by statute.
(i) Findings of fact shall be based solely on the evidence in the record and on matters officially noticed in the record.
(Acts 1981, No. 81-855, p. 1534, §12; Acts 1986, No. 86-472, p. 880, §1; Acts 1993, No. 93-627, p. 1051, §1.)
Notes of Decisions
Kids'klub, Inc. v. State Dept. of Human Res., 874 So. 2d 1075 (Ala. Civ. App. 2003).
· cites it 8× “Code 1975 On appeal, KK maintains that DHR's April 2, 1998, charge letter did not cite to applicable legal authority for each of the individual charges listed in that charge letter, as required by § 41-22-12, Ala.Code 1975. Section 41-22-12(a), Ala.”
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
· cites it 19× “Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
Collier v. Buckner, 303 F. Supp. 3d 1232 (M.D. Ala. 2018).
· cites it 2× “Ala. Code § 41-22-12 (1) ; Ala. Code 1975 § 26-14-7.”
Kids' Klub II, Inc. v. State Dep't of Human Resources, 763 So. 2d 259 (Ala. Civ. App. 2000).
“In its appeal to the circuit court, DHR asked only that the case be remanded and that the administrative law judge be directed to conduct a hearing pursuant to § 41-22-12(a), Ala.Code 1975. DHR did not name KKII as a party to its circuit court appeal.”
W.A.A. v. Bd. of Dental Examiners, 156 So. 3d 973 (Ala. Civ. App. 2014).
· cites it 2× “Code 1975, § 41-22-12(c), confirms the power of presiding officers in contested cases, such as the Board’s hearing officer, to render interlocutory orders pertaining to discovery and witnesses and specifically empowers the hearing officer 1 to “issue subpoenas, discovery orders…”
Duran v. Buckner, 157 So. 3d 956 (Ala. Civ. App. 2014).
“The defendants asserted that none of the plaintiffs had a right to a hearing under § 41-22-12, Ala.Code 1975, or the DHR administrative regulations.”
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 17 (Ala. Civ. App. 1998).
· cites it 6× “” The circuit court further concluded that Forest Manor could not have knowingly waived its right to a contested-case hearing and that it had been, therefore, deprived of due process.”
Bunke v. Alabama Bd. of Nursing State of Ala., 871 F. Supp. 1437 (M.D. Ala. 1994).
· cites it 2× “§ 41-22-18(a) Code of Alabama. According to this section, a person may not serve as a hearing officer if that person has prosecuted or represented a party in connection with that case, the specific controversy underlying that case or another pending factually related contested…”
Brookwood Health Servs., Inc. v. Baptist Health Sys., Inc., 936 So. 2d 529 (Ala. Civ. App. 2005).
“, which operates Brookwood Medical Center (“Brookwood”) in southern Jefferson County, sought to intervene and requested a contested-case hearing (see § 41-22-12, Ala.Code 1975); after Brookwood was permitted to intervene, a hearing was conducted before an administrative law…”
Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Charles Price, Dr. William Saliski, Loree Skelton, & Dr. Jerzy Szafarski, in their Off. capacities as members of the Alabama Med. Cannabis Comm'n v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524). (Ala. Civ. App. 2025).
· cites it 6× “" The hearing procedures of the AAPA are contained within the contested-case provisions of the AAPA, Ala. Code 1975, § 41-22-12 et seq. The contested-case provisions provide for notice and an opportunity for a public evidentiary hearing of record before a hearing officer with…”
— Ala. Code § 41-22-12(a) — 5 cases
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
Kids'klub, Inc. v. State Dept. of Human Res., 874 So. 2d 1075 (Ala. Civ. App. 2003).
“Code 1975 On appeal, KK maintains that DHR's April 2, 1998, charge letter did not cite to applicable legal authority for each of the individual charges listed in that charge letter, as required by § 41-22-12, Ala.Code 1975. Section 41-22-12(a), Ala.”
Kids' Klub II, Inc. v. State Dep't of Human Resources, 763 So. 2d 259 (Ala. Civ. App. 2000).
“In its appeal to the circuit court, DHR asked only that the case be remanded and that the administrative law judge be directed to conduct a hearing pursuant to § 41-22-12(a), Ala.Code 1975. DHR did not name KKII as a party to its circuit court appeal.”
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 17 (Ala. Civ. App. 1998).
“” The circuit court further concluded that Forest Manor could not have knowingly waived its right to a contested-case hearing and that it had been, therefore, deprived of due process.”
— Ala. Code § 41-22-12(b) — 3 cases
Kids'klub, Inc. v. State Dept. of Human Res., 874 So. 2d 1075 (Ala. Civ. App. 2003).
“Code 1975 On appeal, KK maintains that DHR's April 2, 1998, charge letter did not cite to applicable legal authority for each of the individual charges listed in that charge letter, as required by § 41-22-12, Ala.Code 1975. Section 41-22-12(a), Ala.”
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(b)(1) — 1 case
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(b)(3) — 3 cases
Kids'klub, Inc. v. State Dept. of Human Res., 874 So. 2d 1075 (Ala. Civ. App. 2003).
“Code 1975 On appeal, KK maintains that DHR's April 2, 1998, charge letter did not cite to applicable legal authority for each of the individual charges listed in that charge letter, as required by § 41-22-12, Ala.Code 1975. Section 41-22-12(a), Ala.”
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(b)(4) — 2 cases
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(b)(l) — 1 case
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(c) — 1 case
W.A.A. v. Bd. of Dental Examiners, 156 So. 3d 973 (Ala. Civ. App. 2014).
“Code 1975, § 41-22-12(c), confirms the power of presiding officers in contested cases, such as the Board’s hearing officer, to render interlocutory orders pertaining to discovery and witnesses and specifically empowers the hearing officer 1 to “issue subpoenas, discovery orders…”
— Ala. Code § 41-22-12(e) — 1 case
State Health Plan. & Dev. Agency v. Forest Manor, Inc., 739 So. 2d 20 (Ala. 1998).
“Forest Manor argues that the CONRB decision was erroneous, citing SHPDA’s failure to comply with applicable provisions of the AAPA, specifically § 41-22-12, which governs notice in “contested cases.”
— Ala. Code § 41-22-12(f) — 1 case
— Ala. Code § 41-22-12(i) — 2 cases
Rex Vaughn, Sam Blakemore, Dwight Gamble, Dr. Jimmie Harvey, James Harwell, Taylor Hatchett, Dr. Eric Jensen, Dr. Angela Martin, Charles Price, Dr. William Saliski, Loree Skelton, & Dr. Jerzy Szafarski, in their Off. capacities as members of the Alabama Med. Cannabis Comm'n v. Alabama Always, LLC (Appeal from Montgomery Circuit Court: CV-24-900524). (Ala. Civ. App. 2025).
“" The hearing procedures of the AAPA are contained within the contested-case provisions of the AAPA, Ala. Code 1975, § 41-22-12 et seq. The contested-case provisions provide for notice and an opportunity for a public evidentiary hearing of record before a hearing officer with…”
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