Ala. Admin. Code r. 660-1-5-.21

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

Section 660-1-5-.21 - Discovery

The rules of discovery as followed by the courts of this State do not apply to the hearing. The aggrieved person has the following rights of access to information after a written request:

(a) To be provided a short and plain written statement of the matters asserted which will be presented at the hearing. The request must be received by the Department at least five (5) working days prior to the date set for the hearing to be timely. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

(b) To review and copy at cost any written or recorded statement made by the aggrieved person to Department personnel regarding the matter at issue in the hearing. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

(c) To review and copy at cost, before or during the hearing, the written material and other evidence in possession of the Department which will be placed into evidence at the hearing. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

(d) To an in camera (i.e., private) inspection by the hearing officer or an order issued to the Department by the hearing officer to review relevant Department record(s) to determine if there is any material exculpatory evidence (i.e., evidence tending to clear, support, or exonerate) in those records not available to the person through other sources which must be released as necessary to the constitutional fairness of the hearing. Such a request must be received by the hearing officer at least five (5) working days prior to the date set for the hearing to be timely. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

(e) To review and copy at cost all non-confidential Department documents. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

(f) To review and copy at cost all documents in the official hearing file maintained by the hearing officer. The granting of a recess during the hearing while materials are reviewed or copied is at the discretion of the hearing officer.

Author:

Ala. Admin. Code r. 660-1-5-.21

Emergency adoption effective August 21, 1991. Succedent permanent adoption effective November 12, 1991.

Statutory Authority:Code of Ala. 1975, §§ 38-4-5, 41-22-1 through -17.