Ala. Admin. Code r. 250-X-1-.07

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

Section 250-X-1-.07 - Pre-hearing Discovery

(1) Pre-hearing discovery shall be permitted only upon determination by the Board or its Hearing Officer that:

(a) Discovery will not unreasonably delay the proceedings;

(b) Discovery sought has significant probative value to the issues involved in the administrative hearing;

(c) Discovery sought will prevent fraud;

(d) Discovery sought will prevent undue surprise at the administrative hearing;

(e) And/or discovery sought will other-wise provide fundamental fairness to the parties to the administrative hearing.

(2) All discovery sought must relate to charges contained in the administrative complaint or defenses to those charges.

(3) The following methods of discovery are available, pursuant to the discretion of the Board or the Board's Hearing officer:

(a) Depositions upon oral examinations of expert witnesses;

(b) Interrogatories to the Respondent;

(c) Production and copying of documents and things;

(d) Request for admissions to the Respondent;

(e) Requests for entry upon land for inspection and other purposes against any person.

(4) All discovery should be conducted in accordance with any terms and conditions imposed by the Board or its Hearing Officer. These terms and conditions may be imposed to protect the parties or other persons from annoyance, embarrassment, oppression, or undue burden and expense. Court reporters' fees and reasonable copying costs shall be borne by the party requesting discovery.

(5) Depositions of all parties and their employees, agents, and other persons under their control shall be conducted at the Board's offices in Montgomery, Alabama unless another location is agreed upon by all parties.

Ala. Admin. Code r. 250-X-1-.07

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 Repealed: Filed July 1, 2002; effective August 5, 2002.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 Repealed and New Rule: Filed October 25, 2013; effective November 29, 2013.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.