18 AAC 95.090 - Hearing procedures

(a) The sequence of argument, examination and summation must follow that of a civil proceeding, except to the extent modified under sec. 80(b)(7) of this chapter. However, either the hearing officer may or the commissioner, in his discretion, will or the commissioner's designee may question a witness.

(b) No issue, defense, testimony or real or documentary evidence may be introduced at the hearing which was not previously disclosed pursuant to either secs. 70(b) or (c) or sec. 80(b)(5) of this chapter. This prohibition may be waived by the hearing officer if the introduction would not unduly prejudice the opposing party, and the failure to disclose was due to

(1) surprise or excusable neglect;

(2) newly discovered evidence which by due diligence could not have previously been discovered and disclosed; or

(3) fraud, misrepresentation or other misconduct of the opposing party.

(c) The prohibition in (b) of this section does not apply to evidence offered solely to impeach evidence or respond to new issues first disclosed pursuant to sec. 80(b)(5) of this chapter.

Notes

18 AAC 95.090

Eff. 7/24/77, Register 63

Authority:AS 46.03.020(10)

AS 46.03.850