Ala. Admin. Code r. 880-X-5A-.17

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

Section 880-X-5A-.17 - Powers Of Hearing Officers

(1) The hearing officer shall have the following powers:

(a) Administer oaths and affirmations;

(b) Certify to official Acts;

(c) Take and cause to be taken depositions of witnesses;

(d) Issue and serve subpoenas;

(e) Compel attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records and testimony;

(f) Provide for site inspections or inspection of other operations;

(g) Issue appropriate orders relating to discovery;

(h) Rule on procedural requests or similar matters;

(i) Regulate the course of the hearing;

(j) Rule on offers of proof and receive relevant evidence;

(k) Make or recommend decisions;

(l) Order prehearing conferences for such purposes as may be appropriate; and

(m) Grant such temporary relief as he deems appropriate pending final determination of the proceeding if --

1. A hearing has been held in the locality of the permit area on the application for temporary relief in which all parties were given an opportunity to be heard;

2. The applicant shows that there is substantial likelihood that the findings of the hearing officer will be favorable to him;

3. Such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources; and

4. The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Regulatory Authority.

(n) Issue appropriate orders relating to Service of Process or any other service of the Regulatory Authority or the Division of Hearings and Appeals.

(2) In the event of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to produce evidence or to testify as to any matter, obedience may be compelled by a contempt proceeding in any court of competent jurisdiction or before any judge thereof upon application for such by the hearing officer in the name of the Alabama Surface Mining Commission.

Author:

Ala. Admin. Code r. 880-X-5A-.17

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.