(a) Both respondent and complainant may be
represented by counsel. If counsel for a party notifies the division, in
writing, that counsel is appearing in the matter on behalf of the party,
service of notices, memoranda, recommendations, or other papers will be
considered sufficient if made on counsel.
(b) The division will give notice to the
respondent and to the complainant, if any, of the time and place of the hearing
on an alleged violation of AS 36.05 or AS 36.10 by certified mail, or by
personal service at least 15 days before the hearing. Mailing to the last known
address or the address listed with the division assigned occupational licensing
for construction contractors functions in the Department of Commerce,
Community, and Economic Development shall be considered valid service. The
notice will contain a copy of the complaint and a description of the alleged
violation which will be considered at the hearing.
(c) The location of the hearing will be
designated by the division with due regard for the convenience of all persons
involved. All hearings are public.
(d) The director will appoint a wage and hour
investigator or contract with an attorney licensed in this state to serve as
hearing officer, to preside over the hearing, and to make findings of fact and
conclusions of law to be used as a basis for the director's decision. An
investigator who has investigated the alleged violations or taken part in the
informal conference under
8
AAC 30.090 will not be appointed hearing
officer.
(e) The hearing officer
has full authority to control the procedure of the hearing and to rule on all
motions and objections.
(f) The
hearing officer may admit any relevant evidence, regardless of the existence of
any common law or statutory or court rule which might make improper the
admission of such evidence over objection in civil actions, if it is the sort
of evidence on which responsible persons are accustomed to rely in the conduct
of serious affairs. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but will not be sufficient in
itself to support a finding unless it would be admissible over objection in
civil actions.
(g) Oral evidence
must be given under oath or affirmation. A record of the proceedings will be
kept.
(h) The hearing officer,
respondent, and complainant may
(1) call and
examine witnesses;
(2)
cross-examine opposing witnesses on any matter relevant to the issue at hand
even though that matter was not covered in direct examination; and
(3) introduce exhibits.
(i) If the respondent or complainant does not
testify in that person's own behalf, that person may be called and examined as
if under cross-examination.
(j) The
hearing officer may, for good cause shown, continue a hearing from day to day
or recess it to a later date or to a different place by announcement at the
hearing or by notice.
