2 AAC 64.040 - Conflicts

(a) A hearing officer or administrative law judge shall refrain from hearing or otherwise deciding a case presenting a conflict of interest. A conflict of interest may arise from a financial or other personal interest of the hearing officer or administrative law judge, or of an immediate family member. A conflict of interest exists if

(1) the financial or other personal interest reasonably could be perceived to influence the official action of the hearing officer or administrative law judge; or

(2) a hearing officer or administrative law judge previously represented or provided legal advice to a party on a specific subject before the hearing officer or administrative law judge.

(b) For purposes of this section, to determine whether membership in an organization whose interests may be affected by a decision in a case before a hearing officer or administrative law judge is a conflict of interest, the hearing officer or administrative law judge shall consider

(1) the impact of the decision on the organization's interests;

(2) the beneficial or harmful effect on a financial or other personal interest described in (a) of this section; and

(3) whether the hearing officer's or administrative law judge's official position requires membership in the organization.

(c) As soon as a hearing officer or administrative law judge discovers a conflict of interest, the hearing officer or administrative law judge shall disclose the conflict to the parties and, unless the parties waive the conflict on the record orally or in writing, shall notify the chief administrative law judge or other state official who assigned the case of the need for reassignment. Noncompliance with the requirements of this subsection may be grounds for corrective or disciplinary action under AS 44.64.050(d) and 2 AAC 64.060.

(d) Nothing in this section prohibits a hearing officer or administrative law judge from performing, as part of the hearing officer's or administrative law judge's employment, general legal work such as drafting, reviewing or proposing legislation or regulations, conducting training or continuing education courses, drafting or negotiating contracts, or supervising employees, even if the work is related to a subject that may come before the hearing officer or administrative law judge acting as an adjudicator.

Notes

2 AAC 64.040

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.050