Ala. Admin. Code r. 660-1-5-.08

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

Section 660-1-5-.08 - The Hearing Officer

(a) The hearing officer is an employee, panel of employees or designee, including a designee by contract or agreement, of the State Department of Human Resources. The hearing officer cannot conduct a hearing of any case in which he/she has taken part or assisted in the Department's action. The hearing officer exercises full control over the conduct of the hearing. The hearing officer is the hearing authority entitled to make the final administrative decision for the Department.

(b) The duties of the hearing officer include, but are not limited to, the following:

1. To direct the hearing;

2. To explain the conduct of the hearing;

3. To hear testimony;

4. To administer oaths and to examine witnesses and otherwise receive evidence having a bearing on the point or points at issue. In examining witnesses and in the general conduct of the hearing, the hearing officer must maintain an attitude of impartiality. The only objective in examining witnesses shall be to attempt to arrive at the truth concerning the issues involved;

5. To order, where relevant, necessary, and useful, an independent medical assessment or professional evaluation, at agency expense. In the Food Stamp program, the Department and the aggrieved person must agree as to the source of the assessment or evaluation;

6. To decide on the admissibility of evidence;

7. To decide on the kind of record to be made of the hearing;

8. To render a final decision;

9. To sign and issue subpoenas to witnesses or for the production of papers and writings;

10. To grant or deny and set time and place for continuances, postponements or further submissions of evidence, arguments or briefs;

11. To grant or deny petitions or motions to amend, intervene or apply for rehearing; and

12. To reprimand, exclude, or limit the presence of witnesses or other persons at the hearing because of improper conduct, space limitations or a sequestrian request by a party or on his own motion.

13. To issue discovery orders related to relevant matters as provided by these rules and protective orders in accordance with the Rules of Civil Procedure.

Author: James E. Long

Ala. Admin. Code r. 660-1-5-.08

Emergency adoption effective October 1, 1983. Emergency adoption of October 1, 1983 superseded by Emergency adoption effective October 24, 1983. Permanent adoption effective February 21, 1984. Permanent amendment effective August 12, 1986. Succedent emergency amendment effective August 12, 1986. Succedent emergency amendment effective September 24, 1986. Succedent permanent amendment effective December 9, 1986. Succedent permanent amendment effective June 17, 1987. Amended: Filed February 5, 1996; effective March 11, 1996.

Statutory Authority:Code of Ala. 1975, §§ 38-2-1 through -13, 38-4-5 through -6, 41-22-1 through -27.