(a)Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter.
(1)The board may appoint a hearing commission of at least three individuals which may do all of the following:
a. Hear and decide all contested applications for permits.
b. Hear and decide all charges against any permit holder or employee of a permit holder for violations of this chapter, the law, or the rules of the board.
c. Revoke or suspend permits as provided in this chapter.
d. Levy administrative fines upon permit holders.
(2)No member of the hearing commission shall participate in the hearing or disposition of any application for a permit or charge against a permit
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(a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter.
(1) The board may appoint a hearing commission of at least three individuals which may do all of the following:
a. Hear and decide all contested applications for permits.
b. Hear and decide all charges against any permit holder or employee of a permit holder for violations of this chapter, the law, or the rules of the board.
c. Revoke or suspend permits as provided in this chapter.
d. Levy administrative fines upon permit holders.
(2) No member of the hearing commission shall participate in the hearing or disposition of any application for a permit or charge against a permit holder or an employee of a permit holder if he or she has an interest therein or was involved in the investigation.
(b) The board, or a hearing commission appointed by the board, upon finding that a permit holder or any partner, member, employee, officer, or director of the permit holder has violated any of the laws of this state or the United States relating to the manufacture, sale, possession, or transportation of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, or alternative nicotine products, or that the permit holder has acted in a manner prejudicial to the welfare, health, peace, temperance, and safety of the people of the community or of the state, upon due notice and hearing, may levy administrative fines or suspend or revoke the permit issued by the board, or a combination of all three. In all cases where the board or hearing commission levies an administrative fine or suspends or revokes a permit, the board shall set forth its findings of fact, the evidence from which the findings of facts are made, and the reasons upon which its actions are based.
(c) The fines as specified in subsection (e) shall be applicable per each violation. The permit holder shall remit the administrative fine to the board within seven calendar days from the day that the administrative fine is levied. Failure by the permit holder to pay the administrative fine within that time period shall result in an automatic suspension of the permit until the administrative fine is paid.
(d) The maximum length of suspension of a permit pursuant to this chapter shall be one year. A permit holder shall be ineligible to hold a permit pursuant to this chapter for the location where the violation occurred until the expiration or removal of the suspension. A permit holder whose permit is revoked by the board or the hearing commission shall be, at the discretion of the board or hearing commission, ineligible to hold a permit pursuant to this chapter until the expiration of one year from the date the permit is revoked at the location where the violation occurred.
(e) The following administrative penalties shall be levied for violations of this chapter:
(1) For a first violation at a location in a two-year period, the board or hearing commission may levy a fine against the permit holder of not more than one thousand dollars ($1,000).
(2) For a second violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than two thousand five hundred dollars ($2,500).
(3) For a third or subsequent violation at the same location within a two-year period, the board or hearing commission shall levy an administrative fine upon the permit holder of not more than five thousand dollars ($5,000) and shall revoke the permit. A permit may not be reissued at the location, regardless of change in ownership, at anytime during the revocation period.
(f) Before imposition of any administrative penalty, the permit holder shall be afforded all procedural rights to due process in addition to those rights guaranteed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
(g) All fines and other monies collected under this section shall be deposited into the State Treasury to the credit of the Vaping Licensing and Enforcement Fund under Section 28-11-10.