When a petition has been filed with the Board and the petition is not contested, then the Board may issue an order relating to the petition based solely upon sworn affidavits received into evidence at the hearing. The Board in its discretion may reject such affidavits and require the affiant or affiants to appear in person and testify at the hearing and present evidence in support of the petition. Unless otherwise allowed by the Board, an original together with four (4) copies of such affidavits shall be submitted to the Board at least twenty (20) days prior to such hearing.

Author: J. H. Masingill

Statutory Authority: Code of Ala. 1975, §§9-17-1 et seq.

Editor’s Note: Previous Rule 400-1-7-.18, was renumber to 400-1-7-.17. No text was changed.

History: New Rule: Filed April 11, 2000; effective May 16, 2000. Amended: Filed July 31, 2001; effective September 4, 2001. Amended: Filed June 12, 2009; effective July 17, 2009.