Ala. Admin. Code r. 780-X-14-.05

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

Section 780-X-14-.05 - Prehearing Discovery

(1) Prehearing discovery may be permitted in accordance with this rule and § 41-22-12(c) Alabama Administrative Procedures Act Code of Ala. 1975 to the extent necessary to prevent fraud, conserve the Board's time, prevent undue surprise at hearing and facilitate the carriage of justice.

(2) The attorney for the Board or the respondent may upon application to the presiding officer conducting the hearing, 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) The discovery must be had in accordance with any terms and conditions ordered by the presiding officer conducting the hearing. The presiding officer may impose such terms and conditions as are just upon discovery in order to protect a person from annoyance, embarrassment, oppression or undue burden or expense.

Author: Alabama Real Estate Appraisers Board

Ala. Admin. Code r. 780-X-14-.05

Emergency adoption filed February 15, 1991; effective February 18, 1991. Permanent adoption filed April 8, 1991; effective May 15, 1991. Repealed and Replaced: Filed February 27, 1996; effective April 3, 1996. Amended: Filed February 23, 1998; Effective March 30, 1998.

Statutory Authority:Code of Ala. 1975, §§ 34-27A-5, 34-27A-21.