2 AAC 50.891 - Hearing; record; decision

(a) The commission will conduct a hearing on a complaint, an investigation report, or a consent decree, in compliance with AS 44.62.330-44.62.630.

(b) The commission will give the complainant and respondent reasonable notice of the date, time, and place of the hearing. In addition, the commission will post the notice on the commission's website and in a prominent place, visible to the public, at the commission's offices. If the hearing is conducted by telephone, audio or video teleconferencing, or other electronic means, the commission will, in the notice, designate at least one place for public access. The complainant or a party may request a change in the date, time, or place of a hearing. The commission may grant a change in the date, time, or place of a hearing for good cause and with reasonable notice to the complainant, the parties, and the public.

(c) Before a hearing, a respondent may inspect the staff case file, and may obtain copies at cost. However, internal staff memoranda and any privileged information may not be inspected or copied.

(d) Except as provided in 2 AAC 50.888 for a hearing on a request for expedited consideration, the staff and the respondent are parties to a hearing. For good cause, the commission may also designate the complainant as a party. A party to a hearing may be represented by an agent or an attorney licensed in this state, and may call witnesses and present evidence. A complainant that is not designated as a party to the proceeding may present argument, but may not call witnesses or present evidence. The staff shall present the investigation report, and bears the burden of proving a violation by a preponderance of the evidence.

(e) The hearing will be recorded and open to the public. A complainant or respondent may arrange for preparation of a transcript at the complainant's or respondent's own expense. A copy of any transcript prepared from the recording must be filed with the commission.

(f) No later than 10 days after the record closes, the commission will issue an order in compliance with AS 44.62.510.

(g) The commission may reconsider an order as provided in AS 44.62.540. A request for reconsideration must be filed no later than 15 days after the commission delivers or mails an order as provided in (f) of this section. A request for reconsideration must state specific grounds for reconsideration. The commission will reconsider its decision only if

(1) a substantial procedural error occurred;

(2) the order was based on fraud, misrepresentation, or material mistake of fact or law;

(3) new evidence has been discovered that could not have been discovered before the hearing using reasonable diligence.

(h) If a final order of the commission determines that a violation has occurred, the commission may assess appropriate civil penalties, the commission's costs of investigation and adjudication, and reasonable attorney's fees against the respondent. Costs of investigation and adjudication include costs of serving subpoenas, witness fees, database searches, deposition costs, staff travel costs, witness travel costs, transcription costs paid to outside firms, expert or consultant fees, overtime pay for hourly staff employees, copying costs, materials, costs of preparing hearing materials and display, costs of publishing hearing notices, hearing officer fees, and honoraria and travel costs of commissioners.

Notes

2 AAC 50.891

Eff. 12/22/2011, Register 200

Authority:AS 15.13.030

AS 15.13.045

AS 15.13.380

AS 24.45.021

AS 24.45.131

AS 24.60.220

AS 24.60.240

AS 24.60.250

AS 39.50.050

AS 39.50.135