2 AAC 64.030 - Canons of conduct

(a) The canons of conduct in AS 44.64.050(b) are part of the code of hearing officer conduct. A hearing officer or administrative law judge shall comply with the canons and requirements of 2 AAC 64.010 - 2 AAC 64.090. Noncompliance may be grounds for corrective or disciplinary action under AS 44.64.050(d) and 2 AAC 64.060.

(b) To comply with the requirement

(1) to uphold the integrity and independence of the office and of the hearing function, a hearing officer or administrative law judge shall establish and personally observe high standards of conduct, and avoid improper ex parte communications with private and agency parties about the subject of a hearing request, so that the integrity and independence of the office and the hearing function will be preserved;

(2) to avoid impropriety and the appearance of impropriety, a hearing officer or administrative law judge shall

(A) respect and follow the law;

(B) act in a manner that promotes public confidence in the hearing function; and

(C) refrain from allowing familial, social, political or other relationships to influence the conduct of the hearing;

(3) to perform the duties of the office or of the hearing function impartially and diligently, a hearing officer or administrative law judge

(A) shall faithfully follow the law;

(B) shall maintain professional competence in the law;

(C) may not be swayed by partisan interests or fear of criticism;

(D) shall maintain order and decorum in hearings and related proceedings;

(E) shall show patience, dignity, and courtesy to all parties, their representatives, witnesses, and others with whom the hearing officer or administrative law judge deals in an official capacity, and shall require similar behavior from parties and their representatives;

(F) shall refrain from initiating, permitting, or considering improper ex parte communications;

(G) shall dispose of all hearing-related matters promptly, officially, and fairly;

(H) shall require participants in proceedings to refrain from manifesting personal bias or prejudice against parties, witnesses, their representatives, or others;

(I) shall refrain from making public comment outside of the proceedings on a case before the hearing officer or administrative law judge while the case is pending; and

(J) shall refrain from disclosing or using, for any purpose unrelated to official duties, information acquired in an official capacity that by law is not available to the general public;

(4) to conduct unofficial activities in ways that minimize the risk of conflict with the obligations of the office or the hearing function, a hearing officer or administrative law judge shall

(A) seek reassignment of a case in which the hearing officer or administrative law judge has a conflict of interest under 2 AAC 64.040; and

(B) conduct unofficial activities so that they do not cast reasonable doubt on the hearing officer's or administrative law judge's adjudicatory capacity or impartiality, demean the office or the hearing function, or interfere with the proper performance of the hearing officer's or administrative law judge's official duties; activities that could interfere with a hearing officer's or administrative law judge's official duties include

(i) advocating a position before an executive branch agency on a subject related to decisions that may be heard by the hearing officer or administrative law judge;

(ii) representing a person in litigation with, or relating to a decision of, a state agency; and

(iii) advising a person about the person's rights and responsibilities regarding legal issues that have or might come before the hearing officer or administrative law judge for a ruling;

(5) to refrain from inappropriate activity in seeking employment with another agency or employer or in seeking reappointment, a hearing officer or administrative law judge may not discuss the matters that are before the hearing officer or administrative law judge with a prospective employer or take or promise any action that could be understood reasonably as using the hearing officer's or administrative law judge's official position to benefit the prospective employer, other than the benefits resulting from employing a person with the skills and experience of a hearing officer or administrative law judge.

(c) Commentary on and decisions applying the Alaska Code of Judicial Conduct may be used as guidance in interpreting and applying 2 AAC 64.010 - 2 AAC 64.050.

Notes

2 AAC 64.030

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.050