The Commission may hire or employ one or more Hearing Officers to conduct hearings of contested administrative actions of the Agency, other than requests for a stay of an administrative action of the Agency. Such Hearing Officers shall be attorneys licensed to practice law in the State of Alabama and shall be paid an amount prescribed by the Commission from Agency funds but shall not be subject to the authority, direction, or discretion of the Director of the Agency or any other person subject to the authority, direction, or discretion of the Director of the Agency.The Commission may delegate to a Hearing Officer the power to conduct hearings of contested administrative actions of the Agency, other than to request a stay of the administrative action, and all proceedings related thereto, in the same manner as provided in this Chapter for the conduct of such hearings and proceedings before the Commission. Except as otherwise provided by these rules, the power to conduct hearings of contested administrative actions of the Agency shall include the power to do all things which the Commission might do under this Chapter, except issue an order modifying, approving, or disapproving an administrative action of the Agency, issue an order dismissing an appeal pursuant to Rule 460-x-26-.15 or Rule 460-x-26-.21, or issue an order granting or denying an application for a stay of the operation of the contested administrative action of the Agency pending issuance of a Commission order modifying, approving, or disapproving such administrative action.The Hearing Officer shall prepare and submit to the Commission within ten days after the close of the record of any hearing to contest an administrative action of the Agency, or such other time as the parties agree, a report containing findings of fact, conclusions of law, recommendations, and the record, including a transcript of all testimony or comments given in such hearing, for the consideration of the Commission. The report of the Hearing Officer shall also state the date on which the hearing was concluded.The Hearing Officer is specifically authorized to:Rule upon motions, requests, and offers of proof, dispose of procedural requests, and issue all necessary orders other than those specifically reserved to the Commission under this chapter;Administer oaths and affirmations and take affidavits;Examine witnesses and receive documentary or other evidence;For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce testimony, documents, or other non privileged evidence, and failing the production thereof without good cause shown, draw adverse inferences against the party;Limit or strike issues not properly submitted before the Commission;Admit or exclude evidence;Hear and make recommendations on questions of facts, law or discretion;Require parties to attend conferences for the settlement or simplification of the issues, or the expedition of the proceedings;Issue subpoenas;Make recommendations to the Commission concerning the final disposition of the proceedings;Establish guidelines and limitations on the scope and length of any hearings and briefs presented consistent with the principles of administrative law and the intent of the National Historic Preservation Act and Code of Ala. 1975, §§41-9-240 to 41-9-263; andDo all other acts and take all measures necessary for the maintenance of order and for the efficient, fair and impartial adjudication of issues arising in proceedings governed by these rules.In preparing the recommendation to the Commission, the Hearing Officer shall determine each matter of controversy upon a preponderance of the evidence. The burden shall rest with the petitioner to show by a preponderance of the evidence that the Agency's action should be modified or disapproved.Author: Stacey Mills
Statutory Authority: Code of Ala. 1975, §41-9-241, §41-9-249.
History: New Rule: Published January 30, 2026; effective March 16, 2026.