Ala. Admin. Code r. 545-X-3-.09

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

Section 545-X-3-.09 - Rules Of Evidence In Contested Cases

(1) In contested cases, the rules of evidence as applied in nonjury civil cases in the circuit courts of the state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Whenever any evidence is excluded as inadmissible, all such evidence existing in written form shall remain a part of the record as an offer of proof. The party seeking the admission of oral testimony may make an offer of proof by means of a brief statement on the record describing the testimony excluded. All rulings on the admissibility of evidence shall be final and shall appear in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received or may be required to be submitted in verified form, provided the adversary party shall not be denied the right of cross-examination of the witness. The testimony of parties and witnesses shall be made under oath.

(2) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the Commission. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3) A party may conduct cross-examination required for a full and true disclosure of the facts, except as may otherwise be limited by law.

(4) Official notice may be taken of all facts of which judicial notice may be taken and of other scientific and technical facts within the specialized knowledge of the Commission. Parties shall be notified at the earliest practicable time, either before or during the hearing, or by reference in preliminary reports, preliminary decisions or otherwise, of the facts proposed to be noticed and their course, including any staff memoranda or data, and the parties shall be afforded an opportunity to contest such facts before the decision is announced unless the agency determines as part of the record or decision that fairness to the parties does not require an opportunity to contest such facts.

(5) The experience, technical competence, and specialized knowledge of the Commission may be utilized in the evaluation of the evidence.

(6) A copy of records that are certified by the custodian of those records shall be admissible in evidence in a contested hearing before the Commission or Board. The certificate of the custodian of records provided for in this paragraph shall be in substantially the form as follows:

I, _________________________________________, hereby certify and affirm in writing that I am _________________________ of _____________________________________ and that I am custodian of the records that are attached hereto. The copies of the records are exact, full, true and correct copies of records pertaining to the case of _____________________________. All of which I hereby certify and affirm, under oath, this day of ____________________, 20______.

Custodian of Records

Ala. Admin. Code r. 545-X-3-.09

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed November 25, 2003; effective December 30, 2003.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 01, October 30, 2016, eff. 11/14/2016.

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

Author: Alabama Medical Licensure Commission

Statutory Authority:Code of Ala. 1975, § 41-22-13.