Alabama Administrative Code
Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES
AGRICULTURAL CHEMISTRY
Chapter 80-1-22 - FOODS, DRUGS AND COSMETICS
Section 80-1-22-.46 - Hearing Procedures

Universal Citation: AL Admin Code R 80-1-22-.46

Current through Register Vol. 42, No. 11, August 30, 2024

(1) A hearing officer appointed by the Commissioner of Agriculture and Industries shall preside at contested food safety case hearings. The hearing officer shall serve as trier of fact.

(2) All parties will be afforded an opportunity to respond and present witness and evidence and argument on all material issues involved and to be represented by counsel at their own expense. The Department will be represented by the General Counsel or his designee.

(3) If a party fails to appear in a contested case proceeding after proof of proper service of notice, the hearing officer may proceed with the hearing and make a decision in the absence of the party.

(4) The hearing officer shall conduct the evidentiary hearing substantially as follows:

(a) open the record and receive appearances;

(b) direct the giving of oaths;

(c) receive testimony and exhibits presented by the parties;

(d) interrogate witnesses, if deemed necessary;

(e) rule on motions and objections;

(f) require oral arguments and submission of briefs and other authority when necessary;

(g) close the proceedings; and

(h) prepare written findings of fact and conclusions of law and present them, with a recommendation and proposed order, together with the complete record, to the Commissioner of Agriculture and Industries.

(5) The burden of going forward with the evidence shall be upon the party initiating the contested case proceedings who may open and close the evidentiary portion of the proceedings.

(6) The proceedings of the evidentiary hearing shall be recorded and transcribed by a certified court reporter. Such record shall be submitted by the hearing officer to the Commissioner of Agriculture and Industries as a part of the record of the hearing.

Author: Reginald L. Sorrells

Statutory Authority: Code of Ala. 1975, § 41-22-12.

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