Ala. Admin. Code r. 250-X-1-.06

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

Section 250-X-1-.06 - Pre-hearing Procedures

(1) The time requirements for conducting an administrative hearing may be waived by the filing of a written joint motion of the parties indicating an agreement to delay the proceedings and including a brief statement of the reasons for the requested delay. The Board or its Hearing Officer shall retain the discretionary authority to grant or deny the request to delay the proceedings.

(2) The Board or its Hearing Officer may require the parties to appear at a specified time and place in advance of the hearing for one or more pre-hearing conferences to consider:

(a) The settlement of the case;

(b) The identification and/or clarification of the contested issues;

(c) Submission of admissions or stipulation to facts;

(d) Stipulation to the genuineness of documents that avoid unnecessary witnesses or proof;

(e) The identification of any facts of which official notice is proposed to be taken;

(f) The identification of any expert witnesses expected to testify and the substance of any opinion to which the expert witness may testify;

(g) And any other such matters that may be necessary or relevant to the determination of the issues involved in the administrative hearing.

(3) The Board or its Hearing Officer shall issue a written pre-hearing order reciting the actions taken at any pre-hearing conference, including any stipulations or a greements by the parties regarding the issues to be resolved at administrative hearing.

Ala. Admin. Code r. 250-X-1-.06

Filed September 24, 1982. Repealed: Filed July 1, 2002; effective August 5, 2002. New Rule: Filed February 15, 2005; effective March 22, 2005. Repealed and New Rule: Filed October 25, 2013; effective November 29, 2013.

Author: Bob McKee

Statutory Authority:Code of Ala. 1975, § 34-7A-15.