Board Structure, Authority, Rulemaking, and Administrative Procedures
Composition and authority
The Alabama Board of Chiropractic Examiners is the administrative agency charged with regulating the profession. Members are appointed under the statute, and the Board's powers include examining applicants, issuing and renewing licenses, adopting rules, investigating complaints, and imposing discipline. The Board acts as a body; individual members do not have independent authority to discipline a licensee.
Rulemaking and the APA
Board rules are adopted under the Alabama Administrative Procedure Act. Know the mechanics: notice of proposed rulemaking, opportunity for public comment, filing with the Legislative Reference Service, and legislative review. A rule that conflicts with the statute is invalid. Emergency rules exist but are time-limited.
Administrative procedure in disciplinary matters
When a complaint is filed, the Board investigates and may offer a consent agreement or set the matter for hearing. Licensees are entitled to notice of charges and an opportunity to be heard. The Board's final order is subject to judicial review on the administrative record, and the standard is generally whether the order is supported by substantial evidence and consistent with law. Exhaustion of administrative remedies is normally required before court review.
Traps to watch
- Questions implying a single Board member may suspend a license. Only the Board, acting properly, may do so.
- Items that skip the APA and treat Board rules as self-executing edicts. Notice and comment matter.
- Confusing the investigation stage with the adjudication stage; due process attaches at the hearing.
Rule of thumb
Map every procedural question to a stage: complaint, investigation, charging, hearing, order, appeal. Identify the stage first, then the right that attaches to it.