Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › ENVIRONMENTAL MANAGEMENT COMMISSION › Chapter 335-2-1 - RULES OF PROCEDURE FOR HEARING APPEALS OF ADMINISTRATIVE ACTIONS OF THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › Section 335-2-1-.27 - Hearing Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Commission may hire or employ one or more Hearing Officers to conduct hearings
				of contested administrative actions of the Department, other than requests for
				a stay of an administrative action of the Department or hearings to contest the
				issuance of emergency orders. Such Hearing Officers shall be attorneys licensed
				to practice law in the State of Alabama and shall be paid an amount prescribed
				by the Commission from Department funds but shall not be subject to the
				authority, direction, or discretion of the Director of the Department or any
				other person subject to the authority, direction, or discretion of the Director
				of the Department.
(2) The
				Commission may delegate to a Hearing Officer the power to conduct hearings of
				contested administrative actions of the Department, other than hearings to
				contest the issuance of an emergency order or to request a stay of the
				administrative action, and all proceedings related thereto, in the same manner
				as provided in this Chapter for the conduct of such hearings and proceedings
				before the Commission. Except as otherwise provided by these rules, the power
				to conduct hearings of contested administrative actions of the Department shall
				include the power to do all things which the Commission might do under this
				Chapter, except issue an order modifying, approving, or disapproving an
				administrative action of the Department, issue an order dismissing an appeal
				pursuant to Rule
				335-2-1-.15 or Rule
				335-2-1-.21, or issue an order
				granting or denying an application for a stay of the operation of the contested
				administrative action of the Department pending issuance of a Commission order
				modifying, approving, or disapproving such administrative action.
(3) The Hearing Officer shall prepare and
				submit to the Commission within ten days after the close of the record of any
				hearing to contest an administrative action of the Department, or such other
				time as the parties agree, a report containing findings of fact, conclusions of
				law, recommendations, and the record, including a transcript of all testimony
				or comments given in such hearing, for the consideration of the Commission. The
				report of the Hearing Officer shall also state the date on which the hearing
				was concluded.
(4) The Hearing
				Officer is specifically authorized to:
(a)
				Rule upon motions, requests, and offers of proof, dispose of procedural
				requests, and issue all necessary orders other than those specifically reserved
				to the Commission under this chapter;
(b) Administer oaths and affirmations and
				take affidavits;
(c) Examine
				witnesses and receive documentary or other evidence;
(d) For good cause, upon motion or sua
				sponte, order a party, or an officer or agent thereof, to produce testimony,
				documents, or other non privileged evidence, and failing the production thereof
				without good cause shown, draw adverse inferences against the party;
(e) Limit or strike issues not properly
				before the Commission;
(f) Admit or
				exclude evidence;
(g) Hear and make
				recommendations on questions of facts, law or discretion;
(h) Require parties to attend conferences for
				the settlement or simplification of the issues, or the expedition of the
				proceedings;
(i) Issue
				subpoenas;
(j) Make recommendations
				to the Commission concerning the final disposition of the
				proceedings;
(k) Establish
				guidelines and limitations on the scope and length of any hearings and briefs
				presented consistent with the principles of administrative law and the intent
				of the Environmental Management Act; and
(l) Do all other acts and take all measures
				necessary for the maintenance of order and for the efficient, fair and
				impartial adjudication of issues arising in proceedings governed by these
				rules.