CHAPTER 820-1-2 RULES OF PRACTICE

820-1-2-.01 Scope And Citation. These rules shall govern all hearing proceedings before the Office of the Secretary of State, except hearings pertaining to rulemaking proceedings. In proceedings before the Secretary of State, these rules may be cited as "Rule __ of the Rules of Practice" in lieu of the formal designation imposed herein. For example, this rule may be cited as Rule 1 of the Rules of Practice in lieu of Rule 820-1-2-.01.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.02 Definitions. Unless the context otherwise requires, in these rules:

(1) The term "person" or "party" includes an individual, firm, partnership, association, corporation, receiver, trustee, or group, and includes the plural as well as the singular.

(2) The term "Secretary" means the Alabama Secretary of State.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Filing.

(a) Filing is accomplished by delivery of a document to the Secretary, or an employee of his or her office, in person, or by United States Mail, Postage Prepaid, addressed to the Office of the Secretary of State at P.O. Box 5616, Montgomery, Alabama, 36103-5616, or by courier to Room S-105, 600 Dexter Avenue, Montgomery, Alabama, 36104, except that the Secretary or the hearings examiner may permit a document to be filed with them during a hearing. Filing is effective only upon receipt by the Secretary.

(b) Unless directed otherwise in these rules, an original and three (3) copies of all filings, including petitions, applications, prepared testimony and exhibits by anyone in any proceeding, shall be filed in the Secretary's Office as stated in Rule 820-1-2-.04(A)(1), supra, and show service thereof upon each party, by name and address, to the proceeding.

(c) Where the circumstances so dictate, a tentative schedule for all parties will be set for the pre-filing of testimony and exhibits. Such schedules will, however, be subject to change by the Secretary or hearings examiner.

(2) Service: When required. Every order of the Secretary, every report and recommended order of an Administrative Law Judge and every pleading, application, petition, complaint, or other initial filing shall be served by the Secretary upon each of the parties with, where applicable, notice of the time and place for hearing the same.

(3) Service: How made. Service upon a party represented by an attorney shall be made upon the attorney and such service will be deemed service upon a party. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address.

(4) Subsequent Filings. Answers, petitions for hearing, motions, notices and all other documents filed subsequent to the original complaint, application or petition in proceedings pending before the Secretary upon his or her formal docket must, when filed or tendered for filing with the Secretary, show service thereof upon each party, by name and address, to the proceeding.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Any person or party may appear before the Secretary on his, her, or its own behalf in any matter pending before the Secretary. Any member of a partnership which is party to any proceeding may appear for the partnership and any bona fide officer or full-time employee of a corporation, association, or of an individual may appear for such corporation, association or individual.

(2) Any person or party not represented as set out in section (a) immediately above must be represented in matters pending before the Secretary by an attorney or counselor at law who is a licensed member in good standing of the Alabama State Bar. A person or party may be represented before the Secretary pro hac vice by an attorney or counselor at law who is not a licensed member in good standing of the Alabama State Bar (hereinafter called a foreign attorney) provided said foreign attorney is: currently a member in good standing of the bar of another state, the District of Columbia, or other United States jurisdictions; is familiar with the ethics, principles, practices, customs and usages of the legal profession in Alabama; and otherwise complies with all requirements of Rule VII of the Rules Governing Admission to the Alabama State Bar including, but not limited to, the association of local counsel and the submission of a verified application in the form prescribed. The Secretary or the hearings examiner shall enter an order granting or denying all such pro hac vice applications submitted by foreign attorneys.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.05 Form Of Filings. Every application, complaint, answer, pleading, or petition must be in writing and conform with the provisions of Title 41, Chapter 22, Code of Ala. 1975.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) The office of the Secretary, Room S-105, 600 Dexter Avenue, Montgomery, Alabama, 36104, will be open for the transaction of business each weekday, except holidays and Saturdays and Sundays, from 8 a.m. to 5 p.m.

(2) Hearings before the Secretary or hearings examiner will be held in the Room E-201, 600 Dexter Avenue, Montgomery, Alabama, 36104 unless otherwise provided for in an order or notice by the Secretary or hearings examiner.

(3) Special hearings of the Secretary will be held at other places and times at the discretion of the Secretary. Hearings before a hearings examiner will be held as the Secretary may direct.

(4) The Secretary shall, in writing, set a time certain for all hearings, giving proper notice thereof to all known parties.

(5) All hearings before the Secretary or hearings examiner shall be open to the public.

(6) Contemptuous conduct by any person appearing at a hearing is ground for his exclusion from the hearing by the Secretary or hearings examiner.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) The parties to proceedings before the Secretary or hearings examiner will be known as complainants, defendants, intervenors, protestants, respondents, applicants, and petitioners according to the nature of the proceeding and the relationship thereto. Any individual may appear for himself and any member of a partnership which is a party to any proceeding may appear for the partnership. A bona fide officer or a full-time employee of a corporation, association, or an individual may appear for such corporation, association, or individual. A party can be heard in person or by its attorney of record. Representatives of the Secretary’s staff or persons appearing at the request of the Secretary are entitled to appear in any proceeding before the Secretary or hearings examiner without having been designated as one of the above-mentioned parties.

(2)(a) In complaint cases, the party who complains to the Secretary of anything done or omitted to be done in violation of law, orders, or rules or regulations of the Secretary is styled the complainant. The party against whom the complaint is made is styled the defendant. Two or more complainants may join in one complaint if the respective causes of action are against the same defendant or defendants and involve substantially the same alleged violation and a like state of facts.

(b) In investigation proceedings instituted by the Secretary upon his own motion, the parties designated therein are styled respondents; and those on whose behalf the investigation proceedings are instituted are styled protestants.

(c) In applications for relief from any provisions of law, orders, rules or regulations of the Secretary, parties on whose behalf the application is made are styled applicants.

(d) Others seeking relief or the exercise of the Secretary’s authority are styled petitioners.

(3) Petitioners permitted to intervene, as hereinafter provided, are styled intervenors. Anyone entitled under the law to complain to the Secretary may petition for leave to intervene in any pending proceeding prior to or at the time it is called for hearing, but not after, except for good cause shown.[1] Petitions shall set forth the grounds of their proposed intervention; the position and interest of the petitioner in the proceeding; and if affirmative relief is sought, should conform to requirements for a formal complaint. Leave will not be granted except on allegations reasonably pertinent to the issues already present and which do not unduly broaden them. If leave is granted, the petitioner thereby becomes an intervenor and a party to the proceeding. Sufficient copies of the petition must be furnished for service on all parties to this proceeding and to allow four (4) copies retained by the Office of the Secretary of State and its staff. If affirmative relief is sought, petitions for intervention should be filed in time to permit lawful service upon the proper parties.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1)(a) Complaints may be either informal (see Rule 820-1-2-.09(2) below) or formal. Formal complaints shall be in writing and contain the names of all parties Complainant and Defendant in full and the address of each.

(b) Formal complaints shall be so drawn so as to fully and completely advise the Defendant or the Defendants and the Secretary wherein the provision of the law, rules or regulations have been or will be violated. The complaint shall also state the relief sought.

(c) Each formal complaint and answer thereto, must be accompanied by copies in sufficient numbers to enable the Secretary to serve one (1) copy upon each Defendant and retain four (4) copies for use of the Office of the Secretary of State and its staff.

(2) Informal complaints may be made in any manner which states specifically the cause of complaint. Matters thus presented are, if their nature warrants it, taken up by communication with the parties affected in an endeavor to bring about satisfaction of the complaint without formal hearing. Many complaints are satisfactorily adjusted by this procedure, and it is recommended. When it appears that complaints cannot be adjusted by informal negotiation, Complainants will be notified and the matter closed. Formal complaints may then be filed if Complainants so desire.

(3) All formal complaints must be in writing, signed by the party or his attorney of record.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Each person against whom a complaint is directed must plead or answer at least five days prior to the date set for hearing, but no later than 30 days from the filing of the complaint. All answers must admit or deny the truth of all material allegations of the complaint and may set forth any additional facts or matters material to the issue or in bar or abatement of the proceeding. Averments not denied or confessed and avoided shall be taken as admitted. If the person is without knowledge, he shall so state and such statements shall operate as a denial. If the person shall make satisfaction to the complainant before the cause comes on for hearing or before same is finally disposed of by the Secretary, he shall obtain from the complainant a written acknowledgment of such satisfaction setting forth the terms and conditions thereof and file the same with the Secretary.

(2) Where more than one person is involved in a complaint, they may make joint answers thereto. If a defendant in a complaint case seeks affirmative relief, a counterclaim may be filed.

(3) If a defendant in a complaint case seeks affirmative relief, a counterclaim may be filed.

(4) The original answer, counterclaim, or other pleading, with four (4) copies, must be filed with the Secretary, 600 Dexter Avenue, Room S-105, Montgomery, Alabama, 36104, and at the same time, a copy of said answer to pleading, or a counterclaim shall be served by the defendant making such answer, counterclaim, or pleading by U.S. Mail, Postage Prepaid, upon each complainant or his attorney of record. The defendant or his attorney of record shall certify to the Secretary that said service has been made.

(5) All pleadings, answers and counterclaims must be in writing signed by the party or his attorney of record.

(6) The Secretary or the presiding hearings examiner shall entertain all motions and pleadings made or filed in any proceeding which are not specifically covered by these rules as may in their or its discretion be deemed proper, except a hearings examiner cannot grant a motion to dismiss any proceeding. All such motions shall be in writing and shall set forth the relief sought and shall be served as any other pleading or answer, except those offered during a hearing.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Amendments to any complaint, application, petition, pleading or answer will be allowed or refused by the Secretary or the presiding hearings examiner at their discretion and upon such terms as they may impose.

(2) All amendments shall be in writing on a separate piece of paper and shall be filed with the Secretary.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.11 Extensions Of Time. Postponements, continuances and extensions of time may be granted upon application of any party to a proceeding at the discretion of the Secretary or presiding hearings examiner. However, upon the third such application by the applicant the proceeding shall be dismissed, except when made under extraordinary circumstances, such circumstances to be determined by the Secretary.

(1) Any party requesting postponement or dismissal without allowance of sufficient time for notification of the court reporter assigned to the hearing shall be responsible for said reporter's appearance fee.

(2) Applications for extension of time should be made in writing no later than 48 hours before the time set for hearing or the deadline for filing pleadings, exceptions, or replies in order to properly notify all concerned parties. Such applications should specify therein the requested extension date.

(3) The failure of an applicant, petitioner or complainant to appear at a hearing will result in dismissal of the complaint, application or petition unless good cause is shown.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) In any pending matter, the Secretary or the presiding hearings examiner 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 Secretary or presiding hearings examiner shall designate who 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 Secretary or presiding hearings examiner shall designate at what stage such intervenors shall be heard.

(3) Witnesses shall be sworn and examined orally before the Secretary or presiding hearings examiner.

(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 Secretary 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.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.13 Discovery. Requests for discovery shall be sent to the party from whom discovery is requested and, simultaneously, a copy of the same shall be forwarded to the Secretary. All requests shall be made within a reasonable period of time from the filing of testimony and a reasonable time before the hearing.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) The Secretary will generally follow the established rules of evidence applicable to civil actions at law and will depart therefrom only when it appears that such departure will preserve the substantial rights of the parties.

(2) All testimony except as otherwise directed must be given on oath or affirmation of the witness.

(3) In lieu of oral examination, parties may, at the discretion of the Secretary or the presiding hearings examiner, present the direct or redirect examination of a witness through prefiled testimony. Such prefiled testimony shall be in written, question and answer form and shall be filed at least 10 calendar days prior to the hearing unless directed otherwise by the Secretary or the presiding hearings examiner. At the hearing, such prefiled testimony may, upon motion, be incorporated into the record as if the questions had been asked of the witness, and the answers had been given by the witness orally, provided such testimony has been properly identified and authenticated under oath by the witness for whom it is presented and further provided that such witness is agreeable to submitting to cross-examination.

(4) Cross-examinations that are purely prejudicial or designed to embarrass a witness shall not be allowed. This type of examination will be interrupted and not permitted. The Secretary reserves the right to limit the number of witnesses under testimony which may be merely cumulative.

(5) No person will be permitted to make a statement of fact or present any argument pro or con in a formal hearing before the Secretary or hearings examiner, unless the person will submit to an oath or affirmation and unless that person is agreeable to submitting to cross-examination. The foregoing, of course, does not apply to duly authorized attorneys-at-law in presenting arguments to the Secretary or hearings examiner.

(6) Except as to reports and records made and preserved in the Office of the Secretary of State in its regular course of business, the Secretary will not ordinarily admit letters or other writings in evidence unless the signers thereof are available at the hearing for cross-examination. There is no way for the Secretary to refuse to receive such writings when sent through the mails or otherwise, but they will not be admitted as evidence or in any other manner made a part of a formal record. Likewise, resolutions adopted by the governing bodies of cities, towns, counties or other municipal corporations, chambers of commerce, boards of trade or other civic organizations shall not be admitted in evidence unless the president, secretary or other proper officer who was present at the meeting when the resolution was adopted and heard all discussion leading up to the adoption of same is available at the hearing for cross-examination. Any statements of fact contained in such resolutions shall not be deemed proof of those facts but shall be subject to proof.

(7) Ordinarily in a formal proceeding, the Secretary will not permit the incorporation of all or part of a record previously made unless the party offering such previous record produces certified copies thereof for introduction in evidence in sufficient number to supply the record then being made and all interested parties with a copy thereof. The Secretary will, when requested to do so, take official notice of its previous decisions based upon prior record referred to, which should suffice in most instances. Likewise, the Secretary generally will not permit the introduction of written testimony of any kind unless sufficient copies are available to parties adversely interested.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) The Secretary or any hearings examiner appointed by the Secretary may require the attendance of witnesses or require any person, firm or corporation subject to its jurisdiction to produce at such reasonable time and place to be designated within the State, books, records, documents or accounts kept by such persons, firms or corporations either within or without the State of Alabama. Subpoenas for the attendance of witnesses or for the production of books, records, documents, or accounts (unless directed to issue by the Secretary or the presiding hearings examiner thereof ex mero motu) will only be issued upon application in writing, and when it is sought to compel witnesses, that are not parties to the proceedings, to produce such documentary evidence, the application must be sworn to and must specify as nearly as may be the books, records, documents, or accounts desired, and that the same are in possession of witness or under his control, and that they contain evidence material to the issue, in the belief of the Applicant.

(2) A witness who is summoned and responds thereto is entitled to the same fee, including mileage, on the same basis as witnesses in Civil Suits in Courts of Record of Alabama, such fee to be paid by the party at whose instance the testimony is taken at the time the subpoena is served.

(3) In case of failure to comply with a subpoena or order directing discovery, the Secretary may invoke the aid of any appropriate court of this state to require compliance, and the Secretary may issue such orders as are just.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Briefs or memoranda shall be filed at the discretion of the parties or when requested by the Secretary or the presiding hearings examiner. Briefs must be printed or typewritten and should include a statement of facts, proposition or points of law together with the authorities relied on, an argument of the proposition or points of law and requests for specific findings of facts.

(2) Exhibits should not be reproduced in a brief, but may, if desired, be reproduced in an appendix to the brief. Notice of intention of filing briefs shall be given before the hearing closes. When the briefs are filed with the Secretary they should be accompanied by certificate of service on opposite parties of record.

(3) Oral arguments before the Secretary may be granted at the discretion of the Secretary, or the presiding hearings examiner upon the request of the parties made before or at the close of the hearing in any proceeding.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.17 Filing Exceptions To Reports Of The Secretary Of State Or The Hearings Examiner. When a report and recommended order is served on the parties, the due date for exceptions shall be twenty (20) days from the date of service shown on such report and recommended order. Exceptions shall be in writing and set forth specifically any alleged errors in fact or in law or any erroneous conclusions therefrom. Replies to such exceptions may be filed by any interested party within twenty (20) days from the filing of the exceptions. The Secretary or the presiding hearings examiner, at their discretion, may extend the due date for exceptions and replies to exceptions, provided the request for such an extension is made in accordance with Rule 820-1-2-.14 herein. The original and four (4) copies of all exceptions and replies shall be filed with the Secretary.

Author: Charles E. Grainger, Jr.

Statutory Authority: §41-22-4, Code of Ala. (1975).

History: January 10, 2001.

(1) Applications for rehearing or reconsideration must be made by petition, stating specifically the grounds relied upon, filed with the Secretary and served upon all parties or their attorneys of record who appeared at the hearing, or oral argument if had, or on brief. Such petitions must be accompanied by certificates of service, either by United States Mail or in person, on the other parties of record. If any such application is based upon matters of law, the Applicant must state fully the legal propositions involved and cite the authorities therefor. If new evidence is desired to be offered upon a rehearing, the nature and purpose of the evidence must be briefly stated, and it must not appear to be merely cumulative. If an application seeks the modification of an order of the Secretary, it must show in what particulars a modification is desired. The Secretary will allow ten (10) days time from the date the application is filed with the Secretary to other parties of record in which to file an answer in writing to such application.

(2) After the expiration of ten (10) days, the Secretary will give consideration to such applications and any answers thereto that may be filed, and will make such order or orders as appear to be warranted; but if the Secretary finds that a hearing for the introduction of additional testimony is justified, it will set the matter down for such purpose, giving notice thereof to the parties of record. After such hearing the Secretary will give consideration to the record in the light of such additional testimony and render his or her decision and order thereon.

(3) All applications for rehearing or reconsideration must be filed with the Secretary within thirty (30) days from the date of the final action on the matter for which rehearing or reconsideration is sought, unless an extension is granted by the Secretary.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.19 Declaratory Rulings. The Secretary may, upon petition by any party substantially affected, issue a declaratory ruling or order with respect to the jurisdiction of the Secretary, the applicability to any person, property or state of facts of any order or rule of the Secretary, or with respect to the meaning and scope of any order or rule of the Secretary. Such petitions shall be in writing and shall state facts sufficient to show that petitioner is substantially affected by such order or rule. Petitions shall be filed with the Secretary in accordance with Rule 8-1-2-.04, supra. Upon receipt of such a petition, the Secretary may set a date and time for the taking of oral argument or written comments.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.20 Transcripts Of Testimony. The Secretary does not furnish a copy of the transcript of testimony to any party in any proceeding, but copies may be obtained by any party of record upon application to the official reporters of the Secretary, and the payment of the established charge therefor.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

(1) Any party to any formal proceeding before the Secretary who detects a material error in the written transcript of testimony, and desires such error to be corrected, may file with the Secretary, in writing, a detailed proposed correction of such error, serving a copy of such writing on all other parties to the proceeding. Such proposed correction must be filed with the Secretary before the expiration of the time for certifying the record to the Court or other reviewing body in cases where an appeal is taken of the final action in the proceedings involved, and within sixty (60) days from the date of the final order in the proceeding involved in all other cases, unless otherwise ordered by the Secretary.

(2) Upon receipt of any such proposed correction, the Secretary will forthwith serve a copy thereof upon the official reporter who prepared such transcript. Within ten (10) days after the filing of such proposed correction, any other interested party may file, in writing, a reply in duplicate giving his reasons why such correction should not be made. If no such reply is made within the time prescribed, then and in that event the proposed correction will be considered proper and the transcript will be considered as having been corrected accordingly. If, on the other hand, within the time prescribed one of the parties does file such a reply, then and in that event the Secretary or hearings examiner presiding during the taking of the testimony in the proceeding in question shall decide whether or not such proposed correction will be allowed and shall make his decision known in writing to all the parties of record in the proceeding in question. Any such ruling made by the presiding hearings examiner or Secretary shall be without prejudice to any party taking issue with such ruling in any appeal of the final action in the proceeding involved. This rule and any action taken thereunder shall be without prejudice to corrections in the Appeals Court under such conditions as may be prescribed by the court. This rule shall not be used to change in any respect any testimony offered at the hearing, but is solely for the purpose of correcting material errors where such errors exist.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.

820-1-2-.22 Ex Parte Communications. Parties or their representatives in a contested issue or proceeding which has been the subject of a formal public and open hearing or in a proceeding which has been set for hearing shall not communicate, directly or indirectly, in connection with any issue of fact or law in that contested case, issue or proceeding with the Secretary or hearings examiner assigned to render a proposed order or final decision or to make findings of fact and conclusions of law in that contested case, issue or proceeding except upon notice and opportunity for all parties to participate and the Secretary or hearings examiner will allow ex parte argument to be made concerning such case, issue or proceeding.

Author: Charles E. Grainger, Jr.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: New Rule: Filed January 10, 2001; effective February 14, 2001.