Ala. Admin. Code r. 545-X-3-.04

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

Section 545-X-3-.04 - Discovery In Contested Cases

(1) The Commission may provide by order in a contested case that each party provide to the other parties a list of all witnesses to be called at the hearing and copies of all documents to be entered into evidence at the hearing. The Commission may authorize the parties to submit the testimony of witnesses by deposition upon oral examination in the manner prescribed in the Alabama Rules of Civil Procedure. The Commission may provide by order for such other limited discovery by the parties as is deemed necessary and prudent by the Commission to ensure that the hearing is fairly conducted under the law; provided, however, that the parties shall not be permitted to prolong or unnecessarily delay the proceedings in contested cases for discovery purposes. However, no party to a hearing shall be entitled to discover the contents of any investigative files, records, including investigative reports, statements, summaries, or other materials compiled and accumulated by the investigators, attorneys or staff of the Commission, or the Board of Medical Examiners, pursuant to its ordinary and usual investigative function unless the document or statement in lieu of the actual witness is to be offered into evidence at the hearing.

(2) Any party to any proceeding before the Commission, may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil action in circuit courts.

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed May 5, 2010; effective June 9, 2010.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Author: Unknown, Wallace D. Mills

Statutory Authority:Code of Ala. 1975, § 34-24-365.