Ala. Admin. Code r. 335-2-1-.27
Current through Register Vol. 42, No. 8, May 31, 2024
Section 335-2-1-.27 - Hearing Officers(1) The Commission may hire or employ one or more Hearing Officers to conduct hearings of contested administrative actions of the Department, other than requests for a stay of an administrative action of the Department or hearings to contest the issuance of emergency orders. Such Hearing Officers shall be attorneys licensed to practice law in the State of Alabama and shall be paid an amount prescribed by the Commission from Department funds but shall not be subject to the authority, direction, or discretion of the Director of the Department or any other person subject to the authority, direction, or discretion of the Director of the Department.(2) The Commission may delegate to a Hearing Officer the power to conduct hearings of contested administrative actions of the Department, other than hearings to contest the issuance of an emergency order or to request a stay of the administrative action, 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. Except as otherwise provided by these rules, the power to conduct hearings of contested administrative actions of the Department shall include the power to do all things which the Commission might do under this Chapter, except issue an order modifying, approving, or disapproving an administrative action of the Department, issue an order dismissing an appeal pursuant to Rule 335-2-1-.15 or Rule 335-2-1-.21, or issue an order granting or denying an application for a stay of the operation of the contested administrative action of the Department pending issuance of a Commission order modifying, approving, or disapproving such administrative action.(3) The Hearing Officer shall prepare and submit to the Commission within ten days after the close of the record of any hearing to contest an administrative action of the Department, or such other time as the parties agree, 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.(4) The Hearing Officer is specifically authorized to:(a) Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders other than those specifically reserved to the Commission under this chapter;(b) Administer oaths and affirmations and take affidavits;(c) Examine witnesses and receive documentary or other evidence;(d) For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce testimony, documents, or other non privileged evidence, and failing the production thereof without good cause shown, draw adverse inferences against the party;(e) Limit or strike issues not properly before the Commission;(f) Admit or exclude evidence;(g) Hear and make recommendations on questions of facts, law or discretion;(h) Require parties to attend conferences for the settlement or simplification of the issues, or the expedition of the proceedings;(j) Make recommendations to the Commission concerning the final disposition of the proceedings;(k) Establish guidelines and limitations on the scope and length of any hearings and briefs presented consistent with the principles of administrative law and the intent of the Environmental Management Act; and(l) Do all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules.(5) In preparing the recommendation to the Commission, the Hearing Officer shall determine each matter of controversy upon a preponderance of the evidence. The burden shall rest with the petitioner to show by a preponderance of the evidence that the Department's action should be modified or disapproved. Authors: David A. Ludder, Olivia H. Jenkins
Ala. Admin. Code r. 335-2-1-.27
Effective July 1, 1983. Amended: October 10, 1984. Amended: Filed September 27, 1994; effective November 1, 1994.Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-22A-6, 22-22A-7, 22-22A-8.