1518 Appeals of Hearing Decisions

A. Rehearing The household, the county department or their representative may file an application for a rehearing within 15 days of the final decision. The application shall specify in detail the grounds for the relief sought and authority in support thereof. The filing of such an application shall not extend, modify, suspend or delay the effective date of the decision unless or until said decision shall be suspended, modified or set aside. Copies of the application for a rehearing shall be served on all parties who may file replies thereto within 10 days. The application for a rehearing may be granted only if the final decision meets one of the following: 1. In violation of constitutional or statutory provisions. 2. In excess of the statutory authority of the department. 3. In violation of a rule of the department. 4. Made upon unlawful procedure. 5. Affected by other error of law. 6. Clearly erroneous in view of the reliable probative and substantial evidence on the whole record. 7. Unreasonable, arbitrary, or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. Within 30 days after the filing of an application for a rehearing, the hearing officer may in his/her discretion enter a decision to set a hearing on the application; to rule on the application without a hearing; or to grant or to deny the application. If the decision is to schedule a rehearing, the decision will be issued within 30 days of the rehearing schedule date. Failure of the party requesting the rehearing to appear for or arrange for a delay of the scheduled rehearing without good cause will result in the rehearing being dismissed and the original decision will stand. If no decision is entered within 30 days after the filing of an application for a rehearing, the application shall be deemed denied. Note: The above procedures do not apply to State Appeals of County Administration Disqualification Hearings. There is no further administrative remedy after a state ADH appeal decision is issued. B. Judicial Review The aggrieved household or its representative has the right to pursue judicial review through the court system. If the household or its representative declares an interest in pursuing judicial review, they shall be advised to seek legal counsel through a private attorney or the appropriate office of Legal Services Corporation of Alabama.