Ala. Admin. Code r. 850-X-10-.09

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

Section 850-X-10-.09 - Conduct Of Disciplinary Hearings

(1) Plea. The respondent shall plead either "guilty" or "not guilty" to the charges set forth in the complaint.

(2) Opening Statement. Each side shall be permitted to make a short opening statement.

(3) Presentation of Evidence. The Investigative Committee for the Board shall present its evidence, followed by the respondent, followed by rebuttal by the Committee. Witnesses will generally be called and examined in the following order:

1. Direct examination;

2. Cross examination;

3. Examination by the Board;

4. Re-direct examination;

5. Re-cross examination;

6. Re-examination by the Board.

(4) Evidence. Evidence shall be allowed in accordance with the Alabama Administrative Procedure Act, Code of Ala. § 41-22-13 (1991). Documentary evidence and testimony which is otherwise admissible in a contested case shall not be rendered inadmissible because of any claim of privilege between social worker and client. All testimony regarding the medical or psychological condition of individuals and all patient or client records produced during the course of the contested case shall be considered confidential and shall not be released to persons who are not parties or participants in the contested case.

(5) Closing Argument. Each side shall be permitted to make a short closing statement summarizing the evidence presented and urging the application of relevant law to the evidence presented.

(6) Oral proceedings shall be recorded either by mechanized means or by a qualified court reporter. The record of oral proceedings shall be maintained for five (5) years from the date of entry of the final order.

Ala. Admin. Code r. 850-X-10-.09

Repealed and Replaced: Filed October 31, 1997; Operative December 5, 1997; effective January 1, 1998 (See Rule 850-X-1-.19).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 (1996 Supp.); 41-22-13 (1991); 34-30-5 (1991).