Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.05 - Witnesses/How Subpoenaed And Sworn; Failure To Comply

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To any such hearing, witnesses may be
			 subpoenaed by the Commission on its own motion, or on the demand of either
			 party by subpoena signed by the chairman of the Commission, by a hearing
			 officer appointed by the Commission to preside over a contested case, or by the
			 executive officer of the Commission, and such subpoenas may be served by any
			 sheriff of Alabama, by a hearing officer appointed by the Commission to preside
			 over a contested case, by the executive officer of the Commission or by any
			 person designated by the hearing officer or Executive Officer. If served by
			 anyone other than a sheriff, the return of service shall be sworn to by said
			 person before some officer authorized to administer oaths. Witnesses may be
			 sworn by or at the direction of the chairman, the hearing officer, or by the
			 person discharging the duties of such chairman. Similar subpoenas may be issued
			 directing the production of books, papers, or documents at said
			 hearing.
(2) The Commission, by
			 order of its chairman, hearing officer, or executive director, may require any
			 person to produce within this state, at such reasonable time and place as it
			 may designate, any books, documents, records, or papers kept in any office or
			 place without or within this state, or certified copies thereof, whenever the
			 production thereof is reasonably required and pertinent to any matter under
			 investigation before the Commission, in order that an examination thereof may
			 be made by the Commission, or by any person employed by the
			 Commission.
(3) In case of failure
			 or refusal on the part of any person to comply with any subpoena, or on the
			 refusal of any witness to testify or answer as to any matter regarding which he
			 may lawfully be interrogated, any circuit court in that state, or any judge
			 thereof, on application of the Commission or its executive director may issue
			 an attachment for such person and compel him to comply with such order, or to
			 attend before the Commission and produce such documents and give his testimony
			 upon such matters as he may be lawfully required, and the court or judge shall
			 have the power to punish for contempt as in cases of disobedience of a like
			 order or subpoena issued by or from such court, or a refusal to testify
			 therein.
(4) The expense of the
			 subpoena including mileage and per diem as specified by law shall be borne by
			 the party requesting the subpoena. The Commission may prescribe reasonable time
			 limitations for the filing of requests for the subpoena of witnesses and
			 documents and may further require payment of the expenses for such subpoenas in
			 advance.
(5) Upon the filing of a
			 timely motion by any party, the Commission, through its Chairman, hearing
			 officer, or Executive Officer 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 Commission to issue such subpoena and further provided the
			 party requesting the subpoena tender to the Commission 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.
(6) This section governing the issuance of
			 subpoenas and production of documents shall not be interpreted to require that
			 any members of the Medical Licensure Commission, or the Board of Medical
			 Examiners, or any investigator, attorney or employee of the Medical Licensure
			 Commission or 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 Medical Licensure Commission, the
			 contents of any investigative files and records of the Board of Medical
			 Examiners, including any investigative reports, statements, summaries or other
			 materials compiled and accumulated by investigators, attorneys or staff of the
			 Board of Medical Examiners pursuant to its ordinary and usual investigative
			 function are confidential and privileged and are not subject to discovery
			 proceedings under these rules.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-361,
				  34-24-363,
				  34-24-364.