§ 850-X-10-.12. Final Order Of The Board
(1) Final Order. A quorum for purposes of rendering a final decision and order pursuant to this rule shall consist of five members of the Board. The Board shall issue a final order within forty-five (45) days of the date of receipt of the hearing officer's decision and recommendation. The final decision and order shall include findings and grounds therefore. If the Board does not enter a separate written final decision and order within the time frames stated above, unless otherwise extended by agreement of the parties in writing, the decision and recommendation of the hearing officer shall be deemed the final order of the Board by operation of law.
(2) The Board may affirm in whole or in part, reject or modify the recommendation of the hearing officer; provided, however, the Board may reject or modify a recommendation of the hearing officer that supports the position of the respondent only if it is clearly established that the hearing officer's findings, inferences, conclusions or decisions are:
(a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority;
(c) in violation of the state plan, or a department or program rule;
(d) made upon unlawful procedure;
(e) affected by other error of law;
(f) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(g) unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
(3) The respondent or other interested party shall be delivered a copy of the final order by first class mail, and a copy shall be mailed first class to each attorney of record.
(4) The time limits set forth in this rule may be waived or extended by written agreement of the parties.(Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 11, August 29, 2014, eff. September 19, 2014, operative October 4, 2014. Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. October 30, 2016.)
Author: Alabama State Board of Social Work Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-30 -5 (1991); 41-22-15 (1991); 41-22-16 (1991).
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