Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.09 - Rules Of Evidence In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In contested cases, the rules of evidence
			 as applied in nonjury civil cases in the circuit courts of the state shall be
			 followed. When necessary to ascertain facts not reasonably susceptible of proof
			 under those rules, evidence not admissible thereunder may be admitted (except
			 where precluded by statute) if it is of a type commonly relied upon by
			 reasonably prudent persons in the conduct of their affairs. Objections to
			 evidentiary offers may be made and shall be noted in the record. Whenever any
			 evidence is excluded as inadmissible, all such evidence existing in written
			 form shall remain a part of the record as an offer of proof. The party seeking
			 the admission of oral testimony may make an offer of proof by means of a brief
			 statement on the record describing the testimony excluded. All rulings on the
			 admissibility of evidence shall be final and shall appear in the record.
			 Subject to these requirements, when a hearing will be expedited and the
			 interest of the parties will not be prejudiced substantially, any part of the
			 evidence may be received or may be required to be submitted in verified form,
			 provided the adversary party shall not be denied the right of cross-examination
			 of the witness. The testimony of parties and witnesses shall be made under
			 oath.
(2) Documentary evidence
			 otherwise admissible may be received in the form of copies or excerpts, or by
			 incorporation by reference to material already on file with the Commission.
			 Upon request, parties shall be given an opportunity to compare the copy with
			 the original.
(3) A party may
			 conduct cross-examination required for a full and true disclosure of the facts,
			 except as may otherwise be limited by law.
(4) Official notice may be taken of all facts
			 of which judicial notice may be taken and of other scientific and technical
			 facts within the specialized knowledge of the Commission. Parties shall be
			 notified at the earliest practicable time, either before or during the hearing,
			 or by reference in preliminary reports, preliminary decisions or otherwise, of
			 the facts proposed to be noticed and their course, including any staff
			 memoranda or data, and the parties shall be afforded an opportunity to contest
			 such facts before the decision is announced unless the agency determines as
			 part of the record or decision that fairness to the parties does not require an
			 opportunity to contest such facts.
(5) The experience, technical competence, and
			 specialized knowledge of the Commission may be utilized in the evaluation of
			 the evidence.
(6) A copy of records
			 that are certified by the custodian of those records shall be admissible in
			 evidence in a contested hearing before the Commission or Board. The certificate
			 of the custodian of records provided for in this paragraph shall be in
			 substantially the form as follows:
I, _________________________________________, hereby certify
				and affirm in writing that I am _________________________ of
				_____________________________________ and that I am custodian of the records
				that are attached hereto. The copies of the records are exact, full, true and
				correct copies of records pertaining to the case of
				_____________________________. All of which I hereby certify and affirm, under
				oath, this day of ____________________, 20______.
Custodian of Records
Author:
Alabama Medical Licensure
				  Commission
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-13.