Ala. Admin. Code r. 770-X-4-.15 - Hearings
(1) In any pending
matter, the Commission or the presiding Commissioner or the Administrative Law
Judge may, in their discretion, conduct a prehearing conference to consider any
matters that might aid in the disposition of the proceeding.
(2) At hearings on formal complaints or
petitions, the complainant or petitioner, as the case may be, shall open and
close. At hearings on applications for any relief under the law, the applicant
shall open and close. In hearings of several proceedings upon a consolidated
record, the Commission or presiding Commissioner or Administrative Law Judge
shall designate who shall open and close. At hearings under citations issued by
the Commission, upon its own motion, respondent shall open and close.
Intervenors shall follow the party or parties in whose behalf the intervention
is made, and where the intervention is not in support of either original party,
the Commission or presiding Commissioner or Administrative Law Judge shall
designate at what stage such intervenors shall be heard.
(3) Witnesses shall be sworn and examined
orally before the Commission or presiding Commissioner or Administrative Law
Judge.
(4) Depositions may be taken
in the manner prescribed by law and made a part of the record.
(5) Applicant, complainant or petitioner
must, except as otherwise provided by law, establish the facts alleged by him
as the basis for the relief sought, unless the party against which the
complaint or petition is directed admits the same. All facts alleged in answers
or other pleadings must be proved by the party making such answers unless
admitted by the complainants or petitioners. In case of failure to plead or
answer in any proceeding upon complaint or petition, the Commission may take
such proof of the facts as may be deemed proper, and make such order thereon as
the facts and circumstances of the case require.
Notes
Author: Alabama Public Service Commission
Statutory Authority: Code of Ala. 1975, §§ 37-1-38, 37-1-63, 37-1-86, 37-1-89, 37-3-28.
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