Ala. Admin. Code r. 70-X-5-.03

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

Section 70-X-5-.03 - Conduct Of Hearing

(1) In the conduct of a hearing, a hearing officer shall have the following authority:

(a) establish a date, time and place for the hearing;

(b) maintain order;

(c) make a record of the proceedings;

(d) establish reasonable time limits for the conduct of the proceedings;

(e) rule on the admissibility of evidence;

(f) hold a prehearing conference, if necessary, to clarify the matters in dispute; establish the order of presentation; allow and establish time limits for the exchange of exhibits and names of witnesses;

(g) issue subpoenas, discovery orders related to relevant matters, and protective orders in accordance with the Alabama Rules of Civil Procedure, subject to the reasonable costs of issuance of the subpoenas as may be set from time to time by the Commissioner; and

(h) enter any order on any other matter which will effectuate the conduct of the hearing.

(2) A party may be represented by counsel at his or her own expense.

(3) Unless a party otherwise requests, the hearing shall be open to the public.

Ala. Admin. Code r. 70-X-5-.03

Filed May 20, 1992. Repealed and New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975, §§ 38-3-8 through 38-3-9; § 41-22-12.