9 AAC 64.050 - Hearings on complaints

(a) If the attorney general determines after investigation that there is probable cause to believe that a violation of AS 44.64.050 or 2 AAC 64.010 - 2 AAC 64.050 occurred, the attorney general will designate an adjudicator to hold a hearing on the complaint.

(b) When the attorney general designates an adjudicator to hold a hearing on a complaint, the attorney general will notify in writing the person making the complaint, the subject of the complaint, and the investigator. In the notice, the attorney general will identify the adjudicator.

(c) The subject of the complaint or the investigator may object to the designated adjudicator by submitting to the attorney general a written statement describing the grounds for objection. An objection is timely if the attorney general receives the written statement of objection within 15 days of the date of distribution of the attorney general's notice of designation of the adjudicator. If the attorney general receives a timely objection, the attorney general will consider the objection and determine whether the designated adjudicator can accord a fair and impartial hearing. If the attorney general determines that the designated adjudicator cannot accord a fair and impartial hearing, the attorney general will withdraw the designation and designate a different adjudicator, subject to the notice and objection provisions of (b) of this section and this subsection. If the attorney general determines that the designated adjudicator can accord a fair and impartial hearing, the attorney general will notify in writing the subject of the complaint and the investigator.

(d) The adjudicator shall hold a hearing on the complaint unless the subject of the complaint and the investigator agree in writing that a hearing is unnecessary for preparation of proposed findings and recommendations for corrective or disciplinary action concerning the complaint.

(e) If the adjudicator holds a hearing on the complaint,

(1) the adjudicator shall set a time and place for the hearing and notify the person making the complaint, the subject of the complaint, and the investigator;

(2) the person making the complaint may attend the hearing;

(3) the subject of the complaint may attend the hearing, present evidence, examine and cross-examine witnesses, and be represented by counsel;

(4) the investigator shall attend the hearing, and may present evidence and examine and cross-examine witnesses;

(5) the adjudicator may question witnesses at the hearing;

(6) the adjudicator may grant requests to participate by telephone in the hearing;

(7) the adjudicator may issue procedural orders governing the exchange of information between the subject of the complaint and the investigator in preparation for the hearing;

(8) the adjudicator may issue orders governing the presentation of evidence at the hearing;

(9) the rules of evidence used in the courts of the state do not apply to the hearing except as a guide, but the rules of privilege apply as they apply in civil actions in the courts of the state; and

(10) the hearing shall be electronically recorded.

(f) After completing the hearing, or after determining under (d) of this section that a hearing is unnecessary, the adjudicator shall prepare and submit to the attorney general proposed written findings and recommendations for corrective or disciplinary action. When the adjudicator submits proposed written findings and recommendations to the attorney general, the adjudicator shall also provide copies of the proposed written findings and recommendations to the person making the complaint, the subject of the complaint, and the investigator. The person making the complaint, the subject of the complaint, or the investigator may object to the adjudicator's proposed written findings and recommendations by submitting to the attorney general, within 15 days of the date of distribution of the proposed written findings and recommendations, a written statement describing the grounds for objection. The attorney general may accept, reject, or modify the adjudicator's proposed written findings and recommendations, or direct the adjudicator to take additional evidence, make additional findings, or conduct other proceedings.

Notes

9 AAC 64.050

Eff. 10/29/2006, Register 180

Authority:AS 44.64.050