Statutes, codes, and regulations
Alabama Administrative Code
Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRSOFFICE OF WATER RESOURCES AND ALABAMA WATER RESORUCES COMMISSION
Chapter 305-7-7 - ADMINISTRATIVE HEARINGS AND APPEALS INVOLVING THE ALABAMA WATER RESOURCES COMMISSION AND THE OFFICE OF WATER RESOURCES
Section 305-7-7-.11 - Hearing Procedure

Ala. Admin. Code r. 305-7-7-.11

Download
PDF
Current through Register Vol. 43, No. 1, October 31, 2024
Section 305-7-7-.11 - Hearing Procedure
(1) A hearing to contest an administrative action shall be commenced when a reasonable time, not to exceed ninety (90) days, after the making and filing of a proper request for such hearing in accordance with rule 305-7-7-.04 of these Rules.
(2) The testimony of all parties and witnesses shall be made under oath administered by the Commission.
(3) All testimony or comments given in any hearing before the Commission shall be electronically or stenographically recorded, but need not be transcribed unless requested by any party who shall pay the cost of transcription, or as otherwise provided by this Chapter or the Act.
(4) The parties shall be bound by the rules of evidence prevailing in nonjury civil cases in the Circuit Court of the State of Alabama.
(5) Each party shall be entitled to respond and present evidence and arguments on all material issues involved in the hearing. The burden of going forward with the evidence shall be on the party requesting the hearing. Each party shall be entitled to present oral or written opening statements and closing arguments.
(6) A party may conduct cross-examinations as required for a full and true disclosure of facts, except as may be otherwise limited by law or the Alabama Rules of Civil Procedure.
(7) Each party shall be afforded an opportunity to contest facts proposed to be officially noticed.
(8) At any time after the commencement of a hearing to contest an administrative action the Commission may, on its own initiative or on the action of any party, adjourn the hearing to a later date, time and/or different location.
(9) A hearing to contest an administrative action is concluded on the date when all opening statements, evidence, other submissions, testimony, comments, and closing arguments have been received or heard by the Commission and all motions have been ruled upon.
(10) All hearings shall be open to the public, unless private hearings are otherwise provided by law.

Author: Walter B. Stevenson, Jr.

Ala. Admin. Code r. 305-7-7-.11

Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Statutory Authority:Code of Ala. 1975, §§ 9-10B-16, 9-10B-18.