Ala. Admin. Code r. 465-X-5-.05

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

Section 465-X-5-.05 - Prehearing Discovery

(1) Prehearing discovery shall be permitted, at the discretion of the Chairman or the hearing officer, in order to prevent fraud, conserve the Board's time, prevent undue surprise at the hearing, or otherwise to provide fundamental fairness.

(2) The attorney for the Board or the respondent may, upon application to the Chairman or the hearing officer, obtain discovery regarding any matter not privileged that is relevant to the subject matter involved in the pending action, whether it relates to the charge of the Board or the defense of the respondent.

(3) Methods of discovery.

(a) Upon written application to the Chairman or the hearing officer, the following discovery may be allowed or ordered:

1. Deposition upon oral examination of any expert witnesses.

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 Chairman or the hearing officer. The Chairman or the 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 and expense.

Ala. Admin. Code r. 465-X-5-.05

Filed: March 22, 1993. New Rule: Filed: May 12, 1993, effective June 16, 1993. Amended: Filed November 2, 2001; effective December 7, 2001. Amended: Filed August 25, 2011; effective September 29, 2011.

Authors: David R. Boyd, Dorman Walker, Lois Woodward, Kathy Perry Brasfield

Statutory Authority:Code of Ala. 1975, § 34-14A-11.