Alabama Administrative Code › Title 480 - ALABAMA DEPARTMENT OF LABOR › Chapter 480-1-3 - BOARD OF APPEALS › Section 480-1-3-.10 - Conduct Of Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 proceeding shall be fair and impartial and shall be conducted in such manner as
			 the Board may determine to be best suited to determine the rights, duties and
			 obligations of the parties. The order in which evidence is to be presented
			 shall rest within the sound discretion of the Board. Hearings shall be open to
			 the public except in those cases where, in the Board's judgment, the nature of
			 the testimony is scandalous or lascivious to the extent that the presence of
			 persons not a party to the proceeding would inhibit witnesses from testifying
			 freely. All oral testimony shall be given under oath or affirmation. The
			 individual Board members may examine any party or witness to the extent deemed
			 necessary and shall afford all parties every assistance that does not interfere
			 with the discharge of fairness and impartiality. Hearings shall be confined to
			 evidence relevant and material to the issues involved.
(2) The Board may refuse admittance to or
			 expel any party, witness or person in attendance at a hearing whose conduct is
			 disorderly. Subject to the discretion of the Board, witnesses may be excluded
			 from the hearing until called to testify. Those testifying shall be subject to
			 direct and cross-examination by the parties or their representatives and the
			 Board. Documentary evidence may be received in the form of copies or excerpts
			 if the original is not readily available. All parties shall, upon a timely
			 request, be allowed to inspect and use any portion of the records necessary in
			 the presentation of their case.
(3)
			 Whenever necessary, the Board may require the attendance at a hearing of those
			 employees of the Department of Industrial Relations having knowledge of the
			 facts involved in the proceeding or technical knowledge concerning the matters
			 in issue.
(4) The Board shall open
			 the hearing by summarizing the issue or issues appearing to be in dispute and
			 prescribing the order in which the hearing will proceed. The Board shall
			 consider and inquire fully into all issues involved regardless of whether the
			 issues were set forth as a ground for appeal and shall receive in evidence the
			 testimony of the parties and witnesses and any documents which are relevant and
			 material to any issue. If new issues arise during the course of a hearing, the
			 Board shall apprise the parties that the new issue is being considered, shall
			 explain the newly arisen issue, and inquire as to whether any interested party
			 desires to enter a motion for a continuance. If no motion is entered, the Board
			 shall proceed. If such motion is entered, the Board shall rule upon the motion
			 and may, in the exercise of its discretion, continue the hearing to a later
			 time.
(5) The parties may, subject
			 to the approval of the Board, enter into stipulations as to all or a portion of
			 the facts involved in a proceeding. The Board may make a decision on the basis
			 of such stipulations or may set the matter down for hearing and take such
			 further testimony or receive such further evidence as deemed
			 necessary.
(6) The Board may
			 consolidate cases and conduct joint hearings thereon where the claim's involve
			 a common question of law or fact. Notice of hearing shall be forwarded to all
			 individuals or their representatives whose cases have been consolidated for a
			 joint hearing.
(7) Oral proceedings
			 shall be recorded by the Board either by mechanized means or by a qualified
			 shorthand reporter but need not be transcribed unless an appeal is applied for
			 or taken and a request is made by a party pursuant to Rule
			 480-1-2-.11. In order to maintain
			 confidentiality and limit the use of oral testimony to the contest of a claim
			 as required by
Code of Ala. 1975
, §
								25-4-116, no other recording of
			 the proceedings shall be made or allowed.
(8) The Board may take official notice of
			 facts commonly known in the community and facts of a general, technical or
			 scientific nature known within the Department of Industrial Relations. Parties
			 shall be notified during the hearing of facts officially noticed and shall be
			 afforded an opportunity to contest these facts.
(9) Any official record of the Director,
			 including reports submitted in connection with the administration of the
			 Unemployment Compensation Law, may be introduced in evidence and, when so
			 introduced, become part of the record; provided, however, that when so
			 introduced the parties are given an opportunity to examine and rebut the
			 same.
(10) In the hearing of a
			 contested case, the Board may announce that it shall not be necessary that
			 objections be made during the hearing and upon such announcement it shall not
			 be required or necessary that objection be made to any testimony or evidence
			 which may be offered by either party and on the consideration of such cases,
			 the Board shall consider only such testimony and evidence as is relevant,
			 material, competent and legal, and shall not consider any testimony or evidence
			 which is irrelevant, immaterial, incompetent or illegal, whether objections
			 shall have been made thereto or not, and whether such testimony be brought out
			 on direct, cross or re-direct examination, or is hearsay. On appeal, the court
			 shall consider only such testimony as is relevant material, competent and
			 legal. Neither the Board, or appellate court shall be required to point out
			 what testimony or evidence should be excluded or not considered.
(11) The Board may, upon its own motion or
			 upon petition of any interested party, reopen the hearing for the receipt of
			 relevant and material evidence which was not presented at the scheduled hearing
			 at any time prior to the mailing of a decision.
(12) If an absent party to a contested case
			 appears late while a hearing is in progress, the Board shall, if time permits,
			 interrupt the hearing, admit the late party, summarize the proceedings to that
			 point, administer the oath and proceed. If time does not permit, the Board may,
			 in his discretion, continue the hearing until another time or may refuse to
			 admit the late party advising such party of the right to file a written
			 petition to reopen the case. If an absent party arrives after the hearing has
			 been adjourned, the Board shall notify the late party that the hearing has been
			 adjourned and that no evidence can be received in the absence of the other
			 party. If the late party indicates a desire to offer evidence, the Board may,
			 in its discretion, reschedule the hearing with notice to all parties or may
			 inform the late party of the right to file a written petition to reopen the
			 case. Petitions to reopen by an absent party shall be ruled on by the Board
			 within 30 days and may be denied unless it is shown that the party was not
			 given proper notice as required in these rules. All requests to present
			 evidence received after the issuance of a decision must be made by a motion for
			 rehearing pursuant to
Code of Ala. 1975
, §
								41-22-17.
(13) Any hearing may be adjourned or recessed
			 when deemed appropriate by the Board.
Authors
: George Cocoris, Carl E. Kohler
Statutory Authority
:
Code of Ala.
				1975
, §§
									25-2-17,
				25-4-94.
History
: