State Codes and Statutes
Statutes > Alabama > Title36 > Chapter26 > 36-26-114Section 36-26-114
Procedures applicable to nonprobationary status disputes in general.
(a) Notices which are required to be given to the employee shall be served by personal service, by United States registered or certified mail with postage prepaid thereon to the employee's last known address, or by private mail carrier for overnight delivery, signature required, with postage prepaid thereon to the employee's last known address.
(b) If an employee should timely file a contest of a decision as provided in this article, the employing board and the employee shall, within seven days of such filing, either mutually agree upon a person to hear the employee's contest, or submit a joint request for a panel of arbitrators to the Federal Mediation and Conciliation Services' Office of Arbitration Services (FMCS). The joint request shall specify that the parties prefer a hearing officer who is experienced in employment law. Thereafter, FMCS shall submit to each party an identical list of names of persons chosen to serve as a hearing officer in such matter. Each party shall have 10 days from the date of receipt of the list to strike any name to which it objects, number the remaining names in the order of preference, and return the list to FMCS. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the FMCS shall invite the acceptance of a hearing officer to serve. If the parties fail to agree upon any of the persons named, if those named decline, or if for any other reason the appointment cannot be made from the submitted lists, FMCS shall make the appointment from among other members of the panel. FMCS will formally appoint the hearing officer, who shall be known for purposes of this article as the "hearing officer."
(Act 2004-567, §2.)