Ala. Admin. Code r. 335-2-1-.28

Current through Register Vol. 42, No. 8, May 31, 2024

Section 335-2-1-.28 - Objections To Hearing Officer's Recommendation

(1) Any party may object to the recommendation of the Hearing Officer by filing objections to the recommendation and an accompanying brief with the Commission within ten (10) days after the Hearing Officer's recommendation is served upon the parties. The objections shall set forth alternative findings of fact, alternative conclusions regarding issues of law or discretion, and a proposed order together with relevant references to the record and the Hearing Officer's recommendation.

(2) Not later than 3 days prior to the meeting of the Commission to make its final decision, or ten days after receipt of notice of the filing of objections to the Hearing Officer's recommendation, whichever is sooner, any other party may file and serve with the Commission a reply brief responding to arguments raised by the objecting party, together with references to the relevant portions of the record, recommendation, or opposing brief. Rely briefs shall be limited to the scope of the objections. Further briefs shall be filed only with the permission of the Chair of the Commission.

(3) The Commission may grant oral argument of issues raised by the objections to the recommendation of the Hearing Officer on its own motion or upon request of a party. If oral argument is required, the argument shall be limited to the issues included in the objections filed with the Commission. The Commission may limit the amount of time each party shall have for oral argument. No oral argument will be allowed if objections to the Hearing Officer's recommendation are not filed.

Author: Olivia H. Jenkins

Ala. Admin. Code r. 335-2-1-.28

New Rule: 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.