Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-6 - CONDUCT OF HEARINGS IN CONTESTED CASES › Section 540-X-6-.05 - Miscellaneous Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Record. The record in a contested case shall consist of all of those items
			 enumerated in
Code of Ala. 1975
, §
								41-22-12(f). A
			 verbatim record of all proceedings before the Board shall be made either by
			 stenographic notes or electronic recording or both. Any party requesting a
			 transcription of the proceedings shall be required to reimburse the Board for
			 the actual expense of the production of the transcript. The entire record of a
			 contested case, including the record of oral proceedings, shall be maintained
			 by the Board for a period of five (5) years from the date of the decision of
			 the Board in accordance with the requirements of
Code of Ala.
			 1975
, §
								41-22-12(g).
(2) Discovery. The Board may provide by order
			 in a contested case that each party provide to the other parties a list of all
			 witnesses to be called at the hearing and copies of all documents to be entered
			 into evidence at the hearing. The Board may authorize the parties to submit the
			 testimony of witnesses by deposition upon oral examination in the manner
			 prescribed in the Alabama Rules of Civil Procedure. The Board may provide by
			 order for such other limited discovery by the parties as is deemed necessary
			 and prudent by the Board or the hearing officer to ensure that the hearing is
			 fairly conducted under the law; provided, however, that no party to a hearing
			 shall be entitled to discover the contents of any investigative files and
			 records, including any investigative reports, statements, summaries, or other
			 materials compiled and accumulated by investigators, attorneys or staff of the
			 Board pursuant to its ordinary and usual investigative function unless the
			 document is to be offered into evidence at the hearing.
(3) Subpoenas.
(a) Either party to a contested case may
			 request that the Board issue subpoenas compelling the attendance of witnesses
			 residing within the jurisdiction of the Board or the production of documents at
			 the hearing. The expense of the subpoena, including mileage and per diem as
			 specified by law, shall be borne by the party requesting the subpoena. The
			 Board or the hearing officer may prescribe reasonable time limitations for the
			 filing of requests for the subpoena of witnesses and documents and may further
			 require the payment of the expenses for such subpoenas in advance.
(b) Upon the filing of a timely motion by any
			 party, the Board may direct the issuance of a subpoena to require the
			 attendance of a witness at a deposition upon oral examination or to produce
			 documents for inspection provided that the witness resides within the
			 jurisdiction of the Board to issue such subpoena and further provided that the
			 party requesting the subpoena tender to the Board the required mileage and per
			 diem rate. The party at whose request the deposition is held shall be
			 responsible for all administrative costs of the deposition.
(c) In the exercise of the Board's power to
			 subpoena witnesses and to compel the production of documents the Board will
			 make a reasonably diligent effort to secure the attendance of any material
			 witness and to produce any relevant documents which are necessary for the
			 resolution of the issues raised in the contested case. The Board will not
			 unreasonably extend or delay the proceedings in contested cases for discovery
			 purposes. This section governing the issuance of subpoenas and production of
			 documents shall not be interpreted to require that any member of the Board of
			 Medical Examiners, or any investigator, attorney or employee of the Board of
			 Medical Examiners, submit to a deposition upon oral examination or produce
			 documents for inspection unless the individual is designated by the complainant
			 to testify as a witness in the contested case. In all circumstances the
			 deliberations of the Board of Medical Examiners, the contents of any
			 investigative files and records of the Board, including any investigative
			 reports, statements, summaries or other materials compiled and accumulated by
			 its investigators, attorneys or staff of the Board pursuant to its ordinary and
			 usual investigative function are confidential and privileged and are not
			 subject to discovery proceedings under these rules.