Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.08 - Appointment And Authority Of Hearing Officer And Legal Counsel; Grounds For Suspension Or Revocation Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission may appoint, from time to
			 time, a hearing officer for the purposes of presiding over and conducting
			 contested case hearings before the Commission and issuing pre-hearing rulings
			 as may be necessary to the orderly conduct of said cases. The hearing officer
			 shall be an attorney licensed to practice law in the state of Alabama. The
			 Commission's hearing officer shall not have participated in the investigation
			 or prosecution of the licensee in the matters pertaining to the contested case.
			 The hearing officer shall not have a manifest conflict of interest with any
			 party in a contested case. The general duties of the hearing officer shall be
			 to preside over and direct the course of contested cases before the Commission,
			 Specifically, the hearing officer is empowered to:
(a) Issue procedural orders setting dates,
			 deadlines, and timetables by which parties must submit or disclose evidentiary
			 material or notices related to the orderly conduct of a contested case. Hearing
			 dates shall be set by the Chairman. The hearing officer may grant continuances
			 or postponements of hearings on contested cases upon the assent of the
			 Chairman.
(b) To issue subpoenas,
			 protective orders, and discovery orders on behalf of the Commission upon
			 application of a party. The hearing officer may impose reasonable conditions
			 and limitations on discovery in a contested case through limited written
			 interrogatories, document production, and depositions as may be allowed by the
			 Alabama Administrative Procedures Act.
(c) To impose reasonable conditions and
			 limitations on the parties' presentations during a contested case including,
			 but not limited to: the prescribing of reasonable limitations on argument,
			 prescribing the length of time allotted for the presentation of a parties'
			 case, directing that evidence relevant to the general character and reputation
			 of the licensee be submitted in writing by affidavit or to place reasonable
			 limitations upon the number of witnesses permitted to testify as to the
			 character and reputation of the licensee, and/or requiring the parties to
			 submit brief or memoranda on issues put before the Commission.
(d) To issue orders and rulings related to
			 the attendance of parties, attorneys, and witnesses at hearings and
			 conferences.
(e) To hold and
			 preside over pre-hearing conferences of parties and/or attorneys as may be
			 necessary to the orderly conduct of a contested case.
(f) To issue orders and rulings on all other
			 matters of procedure and law necessary to the orderly conduct of the contested
			 case In ruling on motions or objections contesting the legal sufficiency of an
			 administrative complaint or notice given under the Alabama Administrative
			 Procedures Act, the hearing officer may order the complainant to file a more
			 definite statement. Dismissal of a complaint will only be upon the order of the
			 Commission.
(g) To administer oaths
			 and to certify the authenticity of documents when required in the discharge of
			 their duties as hearing officer in a contested case.