Ala. Admin. Code r. 746-X-4-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 746-X-4-.03 - Pre-Hearing Discovery(1)Permitted. Pre-hearing discovery shall be permitted in accordance with this rule.(2)Extent Allowed. The attorney for the Board or the respondent may upon application to the hearing officer 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 hearing officer, and in his discretion, the following discovery may be allowed:1. Deposition upon oral examination of any expert witness.3. Request for production and copying of documents or for inspection.(b) The discovery must be had in accordance with any terms and conditions imposed by the hearing officer. The hearing officer may impose any such terms and conditions as are just upon discovery in order to protect a person from annoyance, embarrassment, oppression, or undue burden or expense.Ala. Admin. Code r. 746-X-4-.03
New Rule: Filed August 8, 2003; effective September 12, 2003.Authors: Joseph C. Elliott, Glenn Crumpton
Statutory Authority:Code of Ala. 1975, § 34-25A-1 -14.