Ala. Admin. Code r. 850-X-10-.07

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

Section 850-X-10-.07 - Prehearing Discovery

(1) Permitted. Prehearing 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 hearing officer, obtain discovery regarding any matter not privileged which is relevant to the subject matter of the complaint, 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 the following discovery shall be allowed or ordered:

1. Deposition upon oral examination of any expert witness;

2. Interrogatories to or deposition upon oral examination of the respondent;

3. Order for production and copying of documents and things and entry upon land for inspection and other purposes, against any person;

4. Discovery as may otherwise be agreed upon between the parties.

(b) The hearing 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.

Ala. Admin. Code r. 850-X-10-.07

Repealed and Replaced: Filed October 31, 1997; Operative December 5, 1997; effective January 1, 1998 (See Rule 850-X-1-.19).

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. 10/30/2016.

Author: Alabama State Board of Social Work Examiners

Statutory Authority:Code of Ala. 1975, § 41-22-12(c) (1996 Supp.).