State Codes and Statutes
Statutes > Alabama > Title36 > Chapter26 > 36-26-107Section 36-26-107
Transfer of employee - Finality of decision; contest; hearing.
No transfer shall be effected until the time for filing notice of contest has expired and, if notice of contest is filed, not until the hearing officer has approved the transfer. The employee shall have the right to obtain a review by a hearing officer of the board's decision. Such contest shall be taken by filing a written notice of contest with the superintendent within 15 days after the receipt of the notice of the decision of the employing board. If the contest is not timely filed, the board's decision shall be final. If notice of contest is filed, the hearing officer shall be selected as provided in subsection (b) of Section 36-26-114. Upon selection, the hearing officer shall immediately cause notice to be given to the parties of the date and time for a hearing, which date shall be no less than 30 days and no more than 60 days following the appointment of the hearing officer. The parties shall agree as to the location of the hearing and, if the parties are unable to agree, the hearing officer shall determine the location within the jurisdiction of the employing board. No less than 30 days before such date, the parties shall submit to the hearing officer, with a copy to the opposing party, documents supportive of, or in contravention to, the action, as well as a list of witnesses to be called at such hearing; provided, however, that such witness list or documentary submissions may be amended at any time prior to five days before such hearing. The hearing officer shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence and/or information in connection with the dispute or claim. If requested, the hearing officer shall issue subpoenas for witnesses to testify at the hearing, under oath, either in support of the charges or on behalf of the employee. The hearing officer shall conduct a de novo hearing and shall render a decision based on the evidence and/or information submitted to the hearing officer. The hearing officer shall determine whether the evidence was insufficient for the board to take the action, whether such action was taken for political or personal reasons, or whether such action was arbitrarily unjust. The hearing officer shall render a written decision, with findings of fact and conclusions of law, within 30 days after its hearing. The decision of the hearing officer shall be final. Expenses of the hearing officer shall be borne by the State Department of Education.
(Acts 1983, No. 83-644, p. 1004, §8; Act 2004-567, §1.)