Alabama Administrative Code › Title 630 - ALABAMA BOARD OF OPTOMETRY › Chapter 630-X-3 - COMPLAINTS AND DISCIPLINARY ACTION AGAINST LICENSED OPTOMETRISTS › Section 630-X-3-.11 - Hearing: Rules Of Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
At the date, time, and place previously set for the hearing,
				the Board shall convene and if there is a quorum present proceed to hear the
				charges under the following rules of procedure:
(a) A quorum of the Board must be present at
			 all times during the hearing. The president shall preside or in the president's
			 absence the normal progression to the chair shall be followed. If a member or
			 agent of the Board shall have filed the complaint of charges under
			 consideration at the hearing, then that member or agent of the Board shall not
			 participate in the hearing other than to offer evidence as a witness.
(b) The subpoenaed witnesses shall be called,
			 sworn, and with the exception of the accused person and the complainant shall
			 be excluded from the hearing, except when testifying. If a witness fails to
			 appear, the party subpoenaing the witness may present to the opposing party a
			 written statement of what the witness would testify to if present and, if
			 agreed upon by the other party, the statement shall be admitted in evidence and
			 given the same weight as if the witness had testified in person.
(c) If any subpoenaed witness fails to
			 appear, refuses to be sworn, refuses to be examined, or refuses to produce a
			 book, record, paper or other document as ordered by the Board, such facts shall
			 be certified by the Board to the circuit court or the judge thereof in the
			 county where such witness resides for action by such court or judge as is
			 provided by law. Unless a written statement is submitted and agreed to for any
			 such witness as provided above, upon motion of the party subpoenaing the
			 witness, the hearing shall be continued for appropriate action with reference
			 to such witness by the circuit court or judge of the county wherein such
			 witness resides.
(d) The Board's
			 legal counsel shall first present witnesses and other evidence in support of
			 the charges specified. The accused person or legal counsel thereof shall have
			 the full and free right to cross-examine all witnesses testifying against the
			 accused.
(e) Upon conclusion of all
			 witnesses and other evidence presented by the Board's legal counsel, the
			 accused person or legal counsel thereof shall present witnesses and other
			 evidence in the accused's defense to the charges specified. The Board's legal
			 counsel shall have the full and free right to cross-examine such
			 witnesses.
(f) Upon conclusion of
			 testimony presented by witnesses called for the accused's defense, the Board's
			 legal counsel shall have the opportunity to offer rebuttal witnesses and
			 testimony.
(g) The rules of
			 evidence as applied in non-jury civil cases in the circuit courts of the state
			 shall be followed.
(h) The Board
			 shall have the hearing proceedings recorded either by a mechanical means or by
			 a court reporter. If the accused person desires a transcript of the recorded
			 proceedings, the expense of said transcript shall be borne by the accused
			 person.
(i) Upon completion of all
			 evidence, the Board's legal counsel and the accused person or legal counsel
			 thereof shall have the opportunity of presenting closing arguments to the Board
			 as follows: Board's legal counsel first, accused person or counsel thereof
			 second, and then the Board's legal counsel shall close.
(j) Upon conclusion of all evidence and
			 arguments, the Board shall proceed, in open meeting, to consider the charges
			 and evidence submitted in connection therewith. If a member or agent of the
			 Board shall have filed the complaint of charges under consideration, then said
			 member or agent shall not participate in the consideration of charges specified
			 above. If a majority of the quorum of members of the Board conducting the
			 hearing shall find the charges are untrue, frivolous, or without probable cause
			 as established by evidence, then the Board shall forthwith enter an order
			 dismissing the charges. If, on the other hand, a majority of the quorum of
			 members of the Board conducting the hearing shall find that the charge(s) are
			 of merit and proven to their satisfaction, then the Board shall, within 30 days
			 of the hearing's conclusion, render a final order consistent with
Code of Ala. 1975
, §§
								41-22-15,
			 41-22-16,
			 which sections are adopted herein by reference.
(k) In all cases of suspension or revocation
			 of licenses, fines, or of other disciplinary sanctions imposed by the Board as
			 provided for by law, the accused person may appeal only to the circuit court of
			 Montgomery County, Alabama. In all cases of suspension or revocation of
			 licenses, the order specifying such sanction shall contain instructions
			 relating the methods and requirements for the reinstatement of said licenses.
			 Except as may otherwise be provided herein to the contrary, judicial review of
			 the orders and decisions of the Board shall be governed by the provisions of
Code of Ala. 1975
, §
								41-22-20,
			 which section is adopted herein by reference.
(l) Members of the Board of Optometry, any
			 optometrists impaneled by the Board, and any optometrist or other individual
			 making any report or rendering any opinion or supplying any evidence or
			 information or offering any testimony to the Board in connection with a
			 disciplinary investigation or proceeding as authorized in this chapter shall be
			 immune from suit for any conduct with respect to such investigations, actions,
			 hearings, and proceedings.
Author:
Dr. Larry Carter
Previous rule (same title) filed September 13, 1982.
				  Repealed: Filed July 9, 1990.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-22-8,
				  41-22-13,
				  41-22-16,
				  41-22-20.