Alabama Administrative Code Chapter 80-11-5 — Seed Investigation and Arbitration Committee Rules of Procedure

80 Alabama Department of Agriculture and Industries

Ala. Admin. Code r. 80-11-5-.01 Applicability

The rules of procedure shall govern all parties who either bring actions or who are required to respond or defend against actions brought before the Seed Investigation and Arbitration Committee.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.02 Notice Of Hearings

Notice of hearings authorized under Code of Alabama (1975), §2-26-75, shall be in writing by certified or registered mail. All parties, or the parties attorneys if they are represented by counsel, shall receive written notice of the hearing no later than two weeks prior to the hearing. This two-week prior notice may be waived if all parties so agree.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.03 Recording Of Hearings

All hearings conducted shall be recorded by any method of recording that faithfully and accurately records the hearing. Transcripts and copies of any hearing shall not be available to anyone unless the Committee in its discretion so orders that a transcript of the hearing be produced. Any person who participates in a hearing who also wishes the hearing recorded may do so at his own expense. If the person uses an official court reporter or hearings reporter to record a hearing and the hearing is transcribed, the Committee shall be entitled to a copy of said transcript at no expense to the Committee.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.04 Issues To Be Resolved And Burden Of Proof

(1) The party filing the complaint shall have the burden of proof at the hearing and shall be entitled to proceed first. The party defending shall be entitled to offer rebuttal evidence.

(2) Any issue presented by the complainant which is admitted by the required answer shall not have to be proved.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.05 Representations

Any party to a hearing may represent himself or be represented by legal counsel. No person other than the party or his or her legal counsel shall be allowed to represent a party. The Committee may in its discretion, at the request of a party or on its own motion, waive the provisions of this rule.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.06 Oath Required

Any testimony by anyone shall be only under oath. Said oath shall be administered by the Chairman or any other member of the Committee whom the Chairman may designate.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, § 2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.07 Mandatory Requirements Of Complainant

The following requirements are mandatory and the Committee may refuse in its discretion to consider any complaint which fails to comply with any one of the following requirements:

(a) Failure of complainant to submit $10.00 with his complaint.

(b) Failure of the complainant to substantially conform to the requirements for the complaint set out in Code of Alabama 1975, §2-26-74.

(c) Failure of the complainant to mail copies of the complaint to the seed dealer in the manner prescribed under § 2-26-74 above.

(d) Failure or refusal of the complainant to furnish any records or documents or materials, if such are available to him, or under his control, upon request by the Committee.

(e) Failure or refusal of the complainant to testify at any hearing under oath if requested to do so by the Committee, or by any party.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.08 Allowable Evidence

Any evidence of probative value, to include hearsay if it is determined to be of probative value by the Committee shall be allowed to be presented at a hearing. The Committee may, in its discretion, disallow any evidence it considers repetitious or of no benefit to the Committee in arriving at a just conclusion.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.09 Administrative Procedure Act To Prevail

The rules set out in Code of Alabama 1975, §41-22-13, for contested cases under the Administrative Procedure Act shall prevail and the Committee shall follow these rules of evidence as much as possible and practical for any hearing.

Ala. Admin. Code r. 80-11-5-.10 Mandatory Requirements Of Respondent

The following requirements of any respondent to a complaint are mandatory and the Committee may, in its discretion, consider a complaint deemed admitted if any one of the following requirements are not met:

(a) Failure or refusal of a party to answer a complaint if required to do so under § 2-26-74, and after he has been so advised to answer by the Committee.

(b) Failure or refusal of a respondent to furnish any records, documents or materials, if such are available to him, or under his or her control, upon request by the Committee.

(c) Failure or refusal of a respondent to substantially conform to respondent's requirements under §2-26-74 above.

(d) Failure or refusal of respondent to testify under oath at any scheduled hearing if requested to do so by the Committee or by any party.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.11 Scheduling of Hearings

The Committee shall have full discretion as to when and where a hearing shall be scheduled, or to ever schedule one unless there is a request for a hearing by any party. If a hearing is requested by a party, the request will be honored, but when and during what stage of the investigation shall be at the discretion of the Committee.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.12 Authority Of Committee To Introduce Its Own Evidence

The Committee shall have the authority, on its own motion, to introduce or take into account any evidence, or request the testimony of anyone deemed necessary by the Committee at any hearing or in the consideration of arriving at a just conclusion of a complaint.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed

Ala. Admin. Code r. 80-11-5-.13 Committee Members Allowed To Conduct Own Discovery

Any Committee member may conduct any discovery in connection with an investigation, the subject of a complaint filed with the Committee, without receiving written permission to do so by the Chairman. This discovery may or may not be considered by the entire Committee.

History

• Author: Charles H. Barnes
• Authority: Code of Ala. 1975, §2-26-75.
• Filed