Ala. Admin. Code r. 335-2-1-.11

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

Section 335-2-1-.11 - Discovery

(1) Except as provided by Rule 335-2-1-.10, discovery shall be permitted only upon determination by the Hearing Officer:

(a) That such discovery will not unreasonably delay the proceeding;

(b) That the information to be obtained is not otherwise obtainable;

(c) That such information has significant probative value; and

(d) That such information is not confidential, financial, commercial or trade-secret information, or privileged. The Commission shall give effect to the rules of privilege recognized and protected by law.

(2) Any party to the proceeding desiring an order of discovery shall make a motion therefor. Such a motion shall set forth:

(a) The nature of the information expected to be discovered; and

(b) The proposed time and place where it will be taken. If the Commission or Hearing Officer determines that the motion should be granted, the Commission or Hearing Officer shall issue an order for the taking of such discovery together with the conditions and terms thereof.

(3) When the information sought to be obtained is within the control of one of the parties, failure to comply with an order issued pursuant to this paragraph may lead to (a) the inference that the information to be discovered would be adverse to the party from whom the information was sought, or (b) the issuance of a dismissal order under Rule 335-2-1-.21

(4) Parties may obtain discovery by one or more of the following methods: depositions upon oral examinations and production of documents or things.

(5) With the exception of petitioner's witnesses in an appeal of an enforcement action, depositions of all parties, their family members, employees, agents, and other persons under their control will be conducted at the Department's offices in Montgomery, Alabama, unless all parties agree otherwise. Depositions of petitioner's witnesses in appeals of enforcement actions may be scheduled in the county of the witness's residence or the county where the violation occurred, or any other persons who are not subject to the control of a party to the proceeding may be taken in Montgomery County, the county where the person resides, or any other place to which all parties agree.

(6) Court reporter's fees and reasonable copying costs shall be borne by the party requesting the discovery.

Author: Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.11

New Rule: Filed September 27, 1994; effective November 1, 1994.

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.