Ala. Admin. Code r. 420-1-3-.10

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

Section 420-1-3-.10 - Hearing Procedures

(1) A hearing officer appointed by the State Health Officer shall preside at contested case hearings. The hearing officer shall serve as trier of fact.

(2) All parties will be afforded an opportunity to respond and present witnesses and evidence and argument on all material issues involved and to be represented by counsel at their own expense. The Department will be represented by the Office of General Counsel.

(3) If a party fails to appear in a contested case proceeding after proof of proper service of notice, the hearing officer may proceed with the hearing and make a decision in the absence of the party. In those contested case proceedings in which the denial of a license or permit is at issue, where the burden of proof lies with the aggrieved party, the hearing officer shall enter an order of dismissal with prejudice if the aggrieved party fails to appear after proof of proper service of notice.

(4) The hearing officer shall conduct the evidentiary hearing substantially as follows:

(a) open the record and receive appearances;

(b) direct the giving of oaths;

(c) receive testimony and exhibits presented by the parties;

(d) interrogate witnesses, if deemed necessary;

(e) rule on motions and objections;

(f) require oral arguments and submission of briefs and other authority when necessary;

(g) close the proceedings; and

(h) prepare written findings of fact and conclusions of law and present them, with a recommendation and proposed order, together with the complete record, to the State Health Officer.

(5) The burden of going forward with the evidence and the burden of proof shall be upon the party initiating the contested case proceedings who may open and close the evidentiary portion of the proceedings.

(6) The proceedings of the evidentiary hearing shall be recorded and transcribed by a certified court reporter. Such record shall be submitted by the hearing officer to the State Health Officer as a part of the record of the hearing.

Ala. Admin. Code r. 420-1-3-.10

Filed July 20, 1990. Repealed and New Rule: Filed March 20, 2008; effective April 24, 2008.

Rule 420-1-3-.09, Variances, was repealed as per certification filed March 20, 2008.

Author: Brian Hale

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