Ala. Admin. Code r. 364-X-17-.01 - Procedures

(1) Plea. The Respondent shall plead either "guilty" or "not guilty" to the charges set forth in the complaint.

(2) Opening Statement. Each side will have the opportunity to make an opening statement.

(3) Evidence. The State will present its evidence, followed by the Respondent. The State will follow with a rebuttal. Each witness called may be examined in the following order:

(a) Direct examination.

(b) Cross examination.

(c) Examination by the Board.

(d) Re-direct examination.

(e) Re-cross examination.

(f) Re-examination by the Board.

(4) Closing argument. Each side will have the opportunity to make a short closing argument. These arguments will summarize the evidence presented and urge the application of pertinent law to the evidence presented.

(5) Proposed Decision. See also Rule 364-X-17-.06. The Board may request either or both sides to prepare within seven (7) days for the Board's consideration a proposed decision of the Board, which shall include findings of fact, official notice and conclusions of law. Any underlying facts of record in support of the findings will be disclosed.

(6) Decision. The Board shall issue a decision. Its decision is the prerequisite "final agency decision" for the right to judicial review. See also Rule 364-X-17-.05.

Author: Thornton L. Neathery

Notes

Ala. Admin. Code r. 364-X-17-.01

New Rule: Filed May 10, 1996; effective June 14, 1996.

Statutory Authority: Code of Ala. 1975, § 34-41-20.