3 AAC 08.930 - Hearings

(a) The administrator or the administrator's designated hearing officer will hold hearings under AS 45.55.935 upon written request by any person aggrieved by any act or failure to act of the administrator or by any report, ruling, or order of the administrator. The written request for hearing must specify the grounds to be relied upon as a basis for the relief requested at the hearing. The administrator or the hearing officer will, in the administrator's discretion, hold hearings upon the administrator's own motion, under AS 45.55.935.

(b) Upon receipt of written request for a hearing, the administrator will, within 30 days from the receipt of the request, either schedule the matter for hearing or vacate in writing the order that the request concerns. The hearing shall take place no later than 90 days after the request is received by the administrator. If a delay is made necessary because of exigencies beyond the control of the parties or the hearing officer, application may be made to the administrator for an extension of time for good cause shown.

(c) At least 10 days advance notice of the hearing will be given to all persons directly affected by the hearing. In the notice of hearing the administrator will or the hearing officer shall include

(1) the time and place of the hearing;

(2) a statement of the matters to be considered;

(3) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(4) references to the particular sections of AS 45.55 or this chapter that are involved.

(d) The parties shall, no later than 20 days before the hearing, exchange those documents they intend to introduce at the hearing. A party may not obtain additional discovery, except upon a motion that demonstrates, to the satisfaction of the administrator or hearing officer, that good cause exists for additional discovery, and that additional discovery is to be limited to those areas that are relevant to the matter to be heard. Discovery must be completed at least 10 days before the hearing.

(e) Any person who is a party to the hearing before the administrator and who may be adversely affected by the order of the administrator may have subpoenas issued to any witness on that person's behalf in accordance with AS 44.62.430. The party or the party's counsel is responsible for timely service of the subpoenas.

(f) Any person affected by the hearing may appear in person or by counsel. That person or counsel may be present during the giving of evidence, may have a reasonable opportunity to examine and inspect all documentary evidence, may examine witnesses, and may present evidence on counsel's client's behalf.

(g) The following rules of evidence apply in hearings held under this section:

(1) oral evidence will be taken only on oath or affirmation;

(2) each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues, including matters not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against that party;

(3) witnesses must give testimony relevant to the issue; upon objection of any party, the party calling the witness must make an offer of proof as to the witnesses' testimony and its relevance; repetitive witnesses are not allowed, unless for extraordinary good cause;

(4) if the respondent does not testify in the respondent's own behalf, the respondent may be called and examined as if under cross-examination;

(5) the hearing need not be conducted according to technical rules relating to evidence and witnesses; relevant evidence, as defined at Rule 401 of the Alaska Rules of Evidence, must be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence will be excluded.

(h) A record of all hearings will be made. Upon reasonable request made by any person affected by the hearing, and at that person's expense, a full stenographic record of the proceedings will be made. When a transcription is made part of the records of the division, any person having a direct interest in it will be furnished with a copy of the stenographic or electronic record at the requestor's expense.

(i) The record in a hearing includes the following:

(1) all pleadings, motions, and intermediate rulings;

(2) all evidence received or considered, including a statement of matters officially noted;

(3) questions or offers of proof, objections, and rulings on them;

(4) proposed findings and exceptions;

(5) the proposed decision, opinion, report, or order of the hearing officer, or the decision, opinion, report, or order of the administrator, if the hearing is conducted by the administrator.

(j) If the matter is heard before a hearing officer, the hearing officer shall make recommended findings of fact and conclusions of law to be presented within 10 days of the termination of the hearing to the administrator for adoption, amendment, or rejection. The administrator shall, within 10 days of receiving the hearing officer's recommendations, make a final order or remand the matter to the hearing officer for additional findings. If the matter is heard before the administrator, the administrator shall make a final order within 10 days of the termination of a hearing. A final order will be in writing. A final order will include findings of fact and conclusions of law. All findings of fact will be based exclusively on the evidence presented and on matters officially noticed. Findings of fact will be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of a final order will be delivered or mailed to each party affected or to that party's attorney of record within 10 days of the termination of the hearing or 10 days after the hearing officer makes the recommendation to the administrator.

(k) The administrator will, in the administrator's discretion, grant a rehearing to any aggrieved party if the party makes a written request within 10 days after the final order is mailed to the person entitled to receive it. A party requesting rehearing must set out one or more of the following grounds:

(1) newly discovered evidence or newly available evidence relevant to the issues;

(2) a need for additional evidence to develop the facts essential to a proper decision;

(3) probable error committed in the proceeding or in the administrator's decision that would be grounds for reversal on judicial review of the order;

(4) the need for further consideration of the issues and the evidence in the public interest.

(l) A rehearing is limited to those grounds upon which the rehearing was requested or granted. However, the administrator will, in the administrator's discretion, rehear, reopen, or reconsider any matter

(1) in accordance with other applicable statutory provisions; or

(2) on the grounds of

(A) fraud by the prevailing party; or

(B) procurement of the order by perjured testimony or fictitious evidence.

(m) An order or decision resulting from a rehearing will be delivered or mailed to each party affected and to that party's attorney of record within 10 days after termination of the rehearing.

Notes

3 AAC 08.930

Eff. 1/10/78, Register 65; am 4/19/2000, Register 154; am 11/26/2016, Register 220, January 2017

Authority:AS 45.55.060

AS 45.55.120

AS 45.55.900

AS 45.55.920

AS 45.55.935

AS 45.55.950