Ala. Admin. Code r. 660-1-5-.20

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

Section 660-1-5-.20 - Evidence

1. The rules of evidence as followed by the circuit courts of the State are applicable to the hearing, but strict adherence is not required. Evidence, including hearsay evidence, will be received at the discretion of the hearing officer if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Relevant and material evidence, including hearsay evidence, visual drawings, and testimony about the use of anatomically correct dolls, is admissible at the hearing.

2. All witnesses may testify at the hearing without prior qualification.

3. The hearing officer shall determine the weight and credibility to be given to the testimony of all witnesses.

4. Videotaped, deposition, or other recorded testimony of a witness may be allowed.

5. Leading questions may be allowed of a witness.

6. Testimony and evidence admissible under the following statutes are also admissible in hearings: Code of Ala. 1975, §§ 12-15-310, 15-25-1 through -6, and 15-25-30 through -40.

7. The standard of proof for all Department hearings is preponderance of the evidence, unless otherwise provided by law or Department rule.

Ala. Admin. Code r. 660-1-5-.20

Emergency adoption effective August 21, 1991. Succedent permanent adoption effective November 12, 1991. Amended: Filed October 5, 1999; effective November 9, 1999. Amended: Filed February 14, 2012; effective March 20, 2012.

Author: James Long

Statutory Authority:Code of Ala. 1975, §§ 38-4-5, 41-22-1 through -17.