Ala. Admin. Code r. 80-1-22-.42

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

Section 80-1-22-.42 - Evidence In Contested Cases

The only evidence that the Hearing Officer shall consider in making a finding of shall be sworn testimony and exhibits accepted in the hearing or as otherwise agreed upon among the parties.

(a) Hearsay Evidence. Hearsay testimony shall be allowed in any hearing so long as it has probative value as justice required in the opinion of the hearing officer.

(b) Affidavits and other Written Evidence.

1. Affidavits shall be admissible in any hearing so long as they have probative value and the affiant, for reasons of impossibility or impracticality, cannot be present for testimony at the hearing. The burden of impossibility or impracticality shall be upon the offerer of the affidavit.

2. Signed letters from physicians on the physician's letterhead shall be considered as an affidavit.

(c) Depositions. A deposition where all parties have been given notice of the taking of the deposition shall be admitted if any party so requests subject to standard evidentiary objection properly preserved during the deposition.

(d) Official Notice. All statutes of the United States and of the State of Alabama and all published rules and regulations of federal agencies, the State Board of Agriculture and Industries or of other Alabama administrative agencies shall be deemed admissible by mere identification of the statute or published rules or regulations.

(e) Admissibility. All evidence, whether documentary or ore tenus, to be admissible, shall be germane, material and relevant to the issues brought out by the complaint, answer or notice of hearing. Evidence that might otherwise be germane, material or relevant, if found to be repetitious, may, at the discretion of the hearing officer, be disallowed.

(f) Documentary Evidence. Any document or a legible copy of said document shall be admissible if the document or copy shall be proven to be a part of the business or personal records of any party, person, company or other legal entity.

(g) Witnesses. The hearing officer shall upon request of a party issue subpoenas to compel any person to testify under oath at any hearing in the same manner as in the civil courts. Employees of the State Department of Agriculture and Industries shall be made available for testimony upon timely request of a party. The refusal of any witness to testify may be considered evidence.

Author: Reginald L. Sorrells

Ala. Admin. Code r. 80-1-22-.42

New Rule: Filed November 15, 2000; effective December 20, 2000.

Statutory Authority:Code of Ala. 1975, § 41-22-12.