(a) No action in refusing to issue or renew or in suspending or revoking a license for any of the causes enumerated in Section 45-49-40.15 shall be taken until the accused has been furnished with a statement of the specific charges against him or her and notice of the time and place of hearing thereof. The accused may be present at the hearing in person and may be represented by counsel if he or she so desires. Statement of the charges and notice thereof shall be served personally upon such person, or mailed to his or her last known address at least 10 days prior to the hearing. If upon such hearing the board finds the charges to be true, it may refuse to issue or renew a license or may revoke or suspend such license if the same has been issued.
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Terms Used In Alabama Code 45-49-40.16

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(b) It shall be the duty of the board to subpoena witnesses other than character witnesses, for or against the accused upon written request and affidavit that their testimony is necessary, and the production of relevant books and papers may be also procured by subpoena.
(c) A public hearing shall be ordered after not less than 10 days’ written notice to the parties at interest. The board shall not be bound by the technical rules of evidence but shall seek diligently all of the information and evidence bearing on the merits of the case.
(d) Within 10 days after the conclusion of the hearing, the board shall render its decision in writing. Copies of the decision shall be delivered to all parties at interest.
(e) The board may require that testimony introduced at hearings be recorded by a court reporter, but same shall not be transcribed except upon further order.
(f) Any person aggrieved by the decision or ruling of the board, as provided for in this section, may appeal from such action to the circuit court of such county within 10 days after such final determination of the board, by filing written notice thereof with the board. Upon any such appeal a trial shall be de novo.
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