Ala. Admin. Code r. 305-7-7-.19

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

Section 305-7-7-.19 - Hearing Officers

(1) The Commission may hire or employ one or more Hearing Officers to conduct hearings of contested administrative actions. Such Hearing Officers shall be attorneys licensed to practice in the State of Alabama and shall be paid an amount prescribed by the Commission from Office of Water Resources funds, but shall not be subject to the authority, direction, or discretion of the Division Chief of the Office of Water Resources or any other person subject to the authority, direction, or discretion of the Division Chief of the Office of Water Resources.

(2) The Commission may delegate to a Hearing Officer, the power to conduct hearings of contested administrative actions of the Office of Water Resources and the Commission and all proceedings related thereto, in the same manner as provided in this Chapter for the conduct of such hearings and proceedings before the Commission. The power to conduct hearings of contested administrative actions shall include the power to do all things which the Commission might do under this Chapter, except to issue an order modifying, approving, or disapproving an administrative action.

(3) The Hearing Officer shall prepare and submit to the Commission, within sixty (60) days after the conclusion of any hearing, a report containing findings of fact, conclusions of law, recommendations, and the record, including a transcript of all testimony or comments given in such hearing, for the consideration of the Commission. The report of the Hearing Officer shall also state the date on which the hearing was concluded.

Author: Walter B. Stevenson, Jr.

Ala. Admin. Code r. 305-7-7-.19

Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Statutory Authority:Code of Ala. 1975, § 9-10B-18.