Ala. Admin. Code r. 420-1-3-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-1-3-.06 - Evidence In Contested Cases

(1) The only evidence that the hearing officer shall consider in making a finding of fact shall be sworn testimony and exhibits accepted in the hearing or as otherwise agreed upon among the parties.

(2) Hearsay Evidence. Hearsay testimony shall be allowed in any hearing so long as it has probative value as justice requires in the opinion of the hearing officer.

(3) Affidavits and other Written Evidence.

(a) Affidavits shall be admissible in any hearing so long as they have probative value and the affiant, for reasons of impossibility or impracticality, cannot be present for testimony at the hearing. The burden of impossibility or impracticality shall be upon the party offering the affidavit.

(b) Signed letters from physicians on the physician's letterhead shall be considered as an affidavit.

(4) Official Notice. All statutes of the United States and of the State of Alabama and all published rules and regulations of federal agencies, the State Board of Health or of other Alabama administrative agencies shall be deemed admissible by mere identification of the statute or published rules or regulations.

(5) Admissibility. To be admissible, all evidence, whether documentary or ore tenus, shall be germane, material and relevant to the issues brought out by the complaint, answer or notice of hearing. Evidence that might otherwise be germane, material or relevant, if found to be repetitious, may, at the discretion of the hearing officer, be disallowed.

(6) Documentary Evidence. The hearing officer may, in his or her discretion, issue subpoenas to compel the production of documents in the same manner as in the civil courts. Any document or a legible copy of said document shall be admissible if the document or copy shall be proven to be a part of the business or personal records of any party, person, company or other legal entity.

(7) Witnesses. The hearing officer may, in his or her discretion, issue subpoenas to compel any person to testify under oath at any hearing in the same manner as in the civil courts. Employees of the Department shall be made available for testimony upon the timely and reasonable request of a party.

Ala. Admin. Code r. 420-1-3-.06

Filed July 20, 1990. Amended: Filed July 21, 1995; effective August 25, 1995. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008.

Rule 420-1-3-.05 was renumbered .06 as per certification filed March 20, 2008.

Author: Brian Hale

Statutory Authority:Code of Ala. 1975, § 41-22-12.