Ala. Admin. Code r. 700-X-4-.04

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

Section 700-X-4-.04 - Pre-Hearing Discovery

(1) Permitted. Pre-hearing discovery shall be permitted in accordance with this rule to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice.

(2) Extent Allowed. The attorney for the Board or the respondent may, upon application to the Administrative Law Judge, obtain discovery regarding any matter not privileged which 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 Administrative Law Judge, the following discovery may be allowed or ordered:

1. Deposition upon oral examination of any expert witness.

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 in accordance with the Alabama Administrative Procedures Act.

Ala. Admin. Code r. 700-X-4-.04

Filed September 30, 1982.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/26/2017.

Authors: Herbert R. Caillouet, Donald L. Hiltz, Bernard Harris

Statutory Authority:Code of Ala. 1975, § 34-24-193.