§ 34-37-12 — Revocation or Suspension of Certificate or Registration

(a) 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 the 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 may administer oaths, issue subpoenas, and compel the attendance of witnesses.
(b) A certificate holder who has either entered into an agreement with the board regarding the resolution of a violation or other disciplinary action, or who has been ordered by the board to comply with the terms of a disciplinary judgment, shall satisfy all terms and conditions of the agreement or order and shall comply with the terms of a disciplinary judgment, including the payment of all fines, fees, restitution, and penalties, before recertification is granted or renewed.
(c) 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 The person whose certificate or registration has been revoked shall not be permitted to apply for a certificate or registration for one year from the date of revocation.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 41. 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.

Legislative History

(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, p. 1764, §1; Act 2022-284, §1.)