Ala. Admin. Code r. 330-X-16-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 330-X-16-.04 - Pre-Hearing Discovery

(1) Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice.

(2) The attorney for the Board or the respondent may upon application to the Hearing Officer, or the person appointed to act as Hearing Officer, obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending action, whether it relates to the charges of the Board or the defense of the respondent.

(3) Methods of Discovery.

(a) Upon written application to the Hearing Officer, or the person appointed to act as Hearing Officer, the following discovery shall be allowed or ordered:

1. Deposition upon oral examination of any expert witness.

2. Interrogatories to respondent.

3. Order for production and copying of documents and things and entry upon land for inspection and other purposes, against any person.

(b) The discovery must be had in accordance with any terms and conditions imposed by the Hearing Officer, or the person appointed to act as Hearing Officer,. The Hearing Officer, or the person appointed to act as Hearing Officer, may impose any such terms and conditions as are just upon discovery in order to protect a person from annoyance, embarrassment, oppression, or undue burden or expense.

Ala. Admin. Code r. 330-X-16-.04

Filed September 22, 1982. Amended: Filed July 13, 1992. Amended: Filed September 23, 1998; effective October 28, 1998. Amended: Filed June 19, 2008; effective July 24, 2008.

Author: Alabama State Board of Registration for Professional Engineers and Land Surveyors

Statutory Authority:Code of Ala. 1975, § 34-11-35.