Ala. Admin. Code r. 480-1-4-.04

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

Section 480-1-4-.04 - Conduct Of Hearings

(1) The proceeding shall be fair and impartial and shall be conducted in such manner as the Hearing Officer may determine to be best suited to determine the rights, duties and obligations of the parties. The order in which evidence is to be presented shall rest within the sound discretion of the Hearing Officer. Hearings shall be open to the public except in those cases where, in the Hearing Officer's judgment, the nature of the testimony is scandalous or lascivious to the extent that the presence of persons not a party to the proceeding would inhibit witnesses from testifying freely. All oral testimony shall be given under oath or affirmation. The Hearing Officer may examine any party or witness to the extent deemed necessary and shall afford all parties every assistance that does not interfere with the discharge of fairness and impartiality. Hearings shall be confined to evidence relevant and material to the issues involved.

(2) The Hearing Officer may refuse admittance to or expel any party, witness or person in attendance at a hearing whose conduct is disorderly. Subject to the discretion of the Hearing Officer, witnesses may be excluded from the hearing until called to testify. Those testifying shall be subject to direct and cross-examination by the parties or their representatives and the Hearing Officer. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. All parties shall, upon a timely request, be allowed to inspect and use any portion of the records necessary in the presentation of their case.

(3) Whenever necessary, the Hearing Officer may require the attendance at a hearing of those employees of the Department of Industrial Relations having knowledge of the facts involved in the proceeding or technical knowledge concerning the matters in issue.

(4) The Hearing Officer shall open the hearing by summarizing the issue or issues appearing to be in dispute and prescribing the order in which the hearing will proceed. The Hearing Officer shall consider and inquire fully into all issues involved regardless of whether the issues were set forth as a ground for appeal and shall receive in evidence the testimony of the parties and witnesses and any documents which are relevant and material to any issue. If new issues arise during the course of a hearing, the Hearing Officer shall apprise the parties that the new issue is being considered, shall explain the newly arisen issue, and inquire as to whether any interested party desires to enter a motion for a continuance. If no motion is entered, the Hearing Officer shall proceed. If such motion is entered, the Hearing Officer shall rule upon the motion and may, in the exercise of his discretion, continue the hearing to a later time.

(5) The parties may, subject to the approval of the Hearing Officer, enter into stipulations as to all or a portion of the facts involved in a proceeding. The Hearing Officer may make a decision on the basis of such stipulations or may set the matter down for hearing and take such further testimony or receive such further evidence as deemed necessary.

(6) The Hearing Officer may consolidate cases and conduct joint hearings thereon when the same or substantially the same evidence is relevant and material to the matters in issue. Notice of hearing shall be forwarded to all individuals or their representatives whose cases have been consolidated for a joint hearing.

(7) Oral proceedings shall be recorded by the Hearing Officer either by mechanized means or by a qualified shorthand reporter but need not be transcribed unless an appeal is applied for or taken and a request is made by a party pursuant to Rule 480-1-2-.11. In order to maintain confidentiality and limit the use of oral testimony to the contest of a particular case, no other recording of the proceedings shall be made or allowed.

(8) The Hearing Officer may take official notice of facts commonly known in the community and facts of a general, technical or scientific nature known within the Department of Industrial Relations. Parties shall be notified during the hearing of facts officially noticed and shall be afforded an opportunity to contest these facts.

(9) Any official record of the Director, including reports submitted in connection with the administration of the Unemployment Compensation Law, may be introduced in evidence and, when so introduced, become part of the record; provided, however, that when so introduced the parties are given an opportunity to examine and rebut the same.

(10) In the hearing of a contested case, the Hearing Officer may announce that it shall not be necessary that objections be made during the hearing and upon such announcement it shall not be required or necessary that objection be made to any testimony or evidence which may be offered by either party and on the consideration of such cases, the Hearing Officer shall consider only such testimony and evidence as is relevant, material, competent and legal, and shall not consider any testimony or evidence which is irrelevant, immaterial, incompetent or illegal, whether objections shall have been made thereto or not, and whether such testimony be brought out on direct, cross or re-direct examination, or is hearsay. On appeal, the court shall consider only such testimony as is relevant material, competent and legal. Neither the Hearing Officer nor the Board of Appeals shall be required to point out what testimony or evidence should be excluded or not considered.

(11) The Hearing Officer may, upon his own motion or upon petition of any interested party, reopen the hearing for the receipt of relevant and material evidence which was not presented at the scheduled hearing at any time prior to the mailing of a decision.

(12) If an absent party to a contested case appears late while a hearing is in progress, the Hearing Officer shall, if time permits, interrupt the hearing, admit the late party, summarize the proceedings to that point, administer the oath and proceed. If time does not permit, the Hearing Officer may, in his discretion, continue the hearing until another time or may refuse to admit the late party advising such party of the right to file a written petition to reopen the case. If an absent party arrives after the hearing has been adjourned, the Hearing Officer shall notify the late party that the hearing has been adjourned and that no evidence can be received in the absence of the other party. If the late party indicates a desire to offer evidence, the Hearing Officer may, in his discretion, reschedule the hearing with notice to all parties or may inform the late party of the right to file a written petition to reopen the case. Petitions to reopen by an absent party, may be ruled upon ex parte by the Hearing Officer, or the Chief of the Hearings and Appeals division or his designee and may be denied unless it is shown that the party was not given proper notice as required in these rules or was prevented from a timely appearance by an emergency or other unavoidable and unforeseen circumstance. All requests to present evidence received after the issuance of a decision must be made by a motion for rehearing pursuant to Code of Ala. 1975, § 41-22-17.

(13) Any hearing may be adjourned or recessed when deemed appropriate by the Hearing Officer.

Authors: George Cocoris, C. Lamon Till

Statutory Authority: Code of Ala. 1975, § 25-2-8.

History: Effective September 30, 1982.

Ala. Admin. Code r. 480-1-4-.04