Ala. Admin. Code r. 70-X-5-.06

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

Section 70-X-5-.06 - Record Of Proceedings

(1) The record of a hearing shall include:

(a) the notice of proposed action;

(b) the request for a hearing;

(c) the administrative review decision, if any;

(d) all pleadings, motions and intermediate rulings;

(e) all evidence received or considered and all other submissions including staff memoranda or data submitted; provided, in the event that evidence in any proceeding may contain proprietary and confidential information, steps shall be taken to prevent public disclosure of that information;

(f) a statement of all matters officially noticed;

(g) a transcript of the proceedings;

(h) all questions and offers of proof, objects and rulings thereon;

(i) all proposed findings and exceptions;

(j) any decision, opinion or report by the hearing officer at the hearing;

(k) the written decision and recommendation of the hearing officer; and

(1) the decision and final order of the Commissioner, if applicable.

(2) Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporter. Oral proceedings shall be transcribed at the request of any party with the expense of the transcript charged to the requesting party. The record of oral proceedings shall be maintained by the Department for five (5) years from the date of entry of the final order.

Ala. Admin. Code r. 70-X-5-.06

Filed May 20, 1992. Repealed and New Rule: Filed June 5, 2009; effective July 10, 2009.

Author: Irene B. Collins, Commissioner

Statutory Authority:Code of Ala. 1975, §§ 38-3-8 through 38-3-9; 41-22-12.