Code of Alabama - Title 34: Professions and Businesses - Section 34-37-12 - Revocation of certificates

Section 34-37-12 - Revocation of certificates.

The board may revoke or suspend any certificate or registration if obtained through concealment, misstatement, or misrepresentation of any material fact in the application for such certificate. The board may discipline any person as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand dollars $2,000 for each violation. The board may also order restitution. Before a certificate or registration may be suspended or revoked, the holder thereof shall have notice in writing, enumerating the charges against him or her, and be entitled to a hearing by the board not sooner than five days from receipt of notice. The holder of such certificate or registration shall be given an opportunity to present testimony, oral or written, and right of cross-examination and representation by counsel. All testimony shall be given under oath. The board shall have power to administer oaths, issue subpoenas, and compel the attendance of witnesses.

The decision of the board shall be based on the evidence produced at the hearing and made a part of the record thereof. The board may suspend any certificate or registration up to one year or may revoke the certificate or registration. The person whose certificate or registration has been revoked shall not be permitted to apply for a certificate or registration for one year from the date of revocation. No certification or registration shall be suspended or revoked unless the majority of the board members concur. Board procedure shall be the same as defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 42. The board may establish additional procedures as needed, provided that any additional procedures are published and made public and are not in conflict with state law.

(Acts 1987, No. 87-812, p. 1616, §12; Acts 1989, No. 89-406, p. 858, §3; Acts 1992, No. 92-182, p. 340, §3; Act 2015-496, §1.)

Last modified: May 3, 2021