Alabama Administrative Code › Title 746 - ALABAMA BOARD OF PROSTHETISTS AND ORTHOTISTS › Chapter 746-X-4 - DISCIPLINARY ACTIONS › Section 746-X-4-.05 - Formal Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Conduct of Hearing.
(a) Hearing Officer. The Presiding Officer shall appoint a person to act as an impartial hearing officer at any disciplinary hearing. A hearing officer may be an attorney licensed to practice law in the State of Alabama, or may be any person with experience and qualifications necessary to carry out the duties if the hearing officer. Such hearing officer shall preside at the hearing and shall rule on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary. The hearing officer shall be compensated at a rate to be prescribed by the Board for services actually performed pursuant to a contractual agreement entered into between the Board and the hearing officer. Subject to the restrictions concerning participation in prosecution and conflict of interest, a hearing officer may be an employee of the Board.
1. The general duties of the hearing officer shall be to guide and direct the course of contested cases before the Board, to advise the Board on matters of law and evidence pertaining to those contested cases and to assist the Board in the preparation of orders and decrees resulting from hearings on contested cases. Specifically, the hearing officer shall be empowered to:
(i) Rule upon any motions contesting or challenging the legal sufficiency of a complaint, order to show cause, or other document which is the basis of a contested case, subject to the limitation set forth in paragraph (e) below.
(ii) Rule on all pre-hearing motions by all parties to a contested case except that the hearing officer may not grant a continuance or postponement of a hearing in a contested case without the consent of the Presiding Officer of the Board.
(iii) Order the attendance of parties and/or attorneys at hearings and conferences on matters related to the contested case.
(iv) Establish on behalf of the Board submission dates, deadlines, and time tables, which shall be binding on the parties in all matters related to the orderly conduct of the contested case.
(v) Enter orders on behalf of the Board when the Board is not in session on legal matters related to a pending contested case, except that the hearing officer is not authorized to dismiss a complaint. The hearing officer may order the complainant to file a more definite statement or to amend his complaint to provide additional information. Dismissal of a complaint will only be upon the order of the Board.
(vi) Administer oaths and to certify the authenticity of documents when required in the discharge of his duties as hearing officer in a contested case.
(vii) Direct that evidence relevant to the general character and reputation of the applicant be submitted in writing by affidavit or to place a reasonable limitations upon the number of witnesses permitted to testify as to the character and reputation of the applicant.
(viii) Render advice to the Presiding Officer of the Board on the conduct of all aspects of hearings on contested cases.