Section 820-1-2-.12 - Hearings (Alabama Administrative Code)

§ 820-1-2-.12. Hearings

(1) In any pending matter, the Secretary or the presiding hearings examiner may, in their discretion, conduct a prehearing conference to consider any matters that might aid in the disposition of the proceeding.

(2) At hearings on formal complaints or petitions, the complainant or petitioner, as the case may be, shall open and close. At hearings on applications for any relief under the law, the applicant shall open and close. In hearings of several proceedings upon a consolidated record, the Secretary or presiding hearings examiner shall designate who shall open and close. Intervenors shall follow the party or parties in whose behalf the intervention is made, and where the intervention is not in support of either original party, the Secretary or presiding hearings examiner shall designate at what stage such intervenors shall be heard.

(3) Witnesses shall be sworn and examined orally before the Secretary or presiding hearings examiner.

(4) Depositions may be taken in the manner prescribed by law and made a part of the record.

(5) Applicant, complainant or petitioner must, except as otherwise provided by law, establish the facts alleged by him as the basis for the relief sought, unless the party against which the complaint or petition is directed admits the same. All facts alleged in answers or other pleadings must be proved by the party making such answers unless admitted by the complainants or petitioners. In case of failure to plead or answer in any proceeding upon complaint or petition, the Secretary may take such proof of the facts as may be deemed proper, and make such order thereon as the facts and circumstances of the case require.

Author: Charles E. Grainger, Jr.

(New Rule: Filed January 10, 2001; effective February 14, 2001.)

Statutory Authority: Code of Ala. 1975, § 41-22-4.

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