§ 910-X-2-.07. Executive Committee
(1) The Executive Committee is charged with reviewing the alleged violations complaints and any documentation regarding the complaint and making any needed recommendation for penalty action.
(2) The duties of the Executive Committee include, but are not limited to the following:
(a) Conduct meetings and reviews of alleged violation complaints as described in Code of Ala. 1975, § 37-15-10.2, et seq., and the rules promulgated by the Authority.
(b) Determine whether violations have occurred.
(c) Dismiss those complaints in which it determines a violation has not occurred.
(d) Upon finding that a violation has occurred, determine and levy penalties, order training, and otherwise take action as described in Code of Ala. 1975, § 37-15-10.2, et seq., and the rules promulgated by the Authority.
(3) An Executive Committee member shall not participate in any discussion or vote on any of the following matters:
(a) One in which the Executive Committee member or the member's employer is the complainant or respondent.
(b) One in which the member reasonably believes that he/she is unable to act impartially and independently as a result of the circumstances related to an alleged violation.
(4) An Executive Committee member disqualified from voting on a matter shall notify all members of the Executive Committee of said disqualification, immediately upon discovery that a basis for disqualification exists. Another Authority member may be appointed to the Executive Committee on a temporary basis to replace the recused Executive Committee Member during the designated complaint hearing.
(5) The term of those serving on the Executive Committee shall be two years. No Executive Committee member shall serve more than two consecutive two-year terms without a majority vote of the Authority members.(Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. November 14, 2020.)
Author: Underground Damage Prevention Authority
Statutory Authority: Code of Ala. 1975, § 37-15-10.1.
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