§ 850-X-10-.06. Disciplinary Hearings Generally
(1) Hearing Open to Public. Unless otherwise provided by law, the hearing shall be open to the public.
(2) Counsel. A party may be represented by counsel at his or her own expense.
(3) Quorum. A quorum for purposes of this rule shall consist of five members of the Board.
(4) Hearing Officer. The Board may, in its discretion, appoint some person to act as hearing officer at disciplinary hearings or contested cases who shall preside at the hearing and rule on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary. In the conduct of a hearing, a hearing officer shall have the following authority:
(a) establish a date, time and place for the hearing;
(b) maintain order;
(c) make a record of the proceedings;
(d) establish reasonable time limits for the conduct of the proceedings;
(e) rule on the admissibility of evidence which shall be in accordance with the Alabama Administrative Procedure Act, Code of Ala. § 41-22 -13 (1991).
(f) hold a prehearing conference, if necessary, to clarify the matters in dispute; establish the order of presentation; allow and establish time limits for the exchange of exhibits and names of witnesses;
(g) discovery orders related to relevant matters, and protective orders in accordance with the Alabama Administrative Procedure Act, subject to the reasonable costs of issuance of the subpoenas as may be set from time to time by the Executive Secretary; and
(h) enter any order on any other matter which will effectuate the conduct of the hearing and promote the administration of justice.(Repealed and Replaced: Filed October 31, 1997; Operative December 5, 1997; effective January 1, 1998 (See Rule 850-X-1-.19). Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 12, September 30, 2016, eff. October 30, 2016.)
Author: Alabama State Board of Social Work Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-30 -5 (1991); 41-22-4(a)(2) (1991); 41-22-12 (1996 Supp.); 41-22-13 (1991).
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