- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 52. Alaska Executive Branch Ethics Act
- Section 350. Probable Cause For Hearing.
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AS 39.52.350. Probable Cause For Hearing.
- (a) If the attorney general determines that there is probable cause to believe that a knowing violation of this chapter or
a violation that cannot be corrected under AS 39.52.330
has occurred, or that the subject of a complaint failed to comply with a recommendation for corrective or preventive
action, the attorney general shall initiate formal proceedings by serving a copy of an accusation upon the subject of
the accusation. The accusation shall specifically set out the alleged violation. After service, the accusation is a
public document open to inspection. Except as provided in AS 39.52.370
(c), all subsequent proceedings are open to the public.
- (b) The subject of the accusation shall file an answer with the attorney general within 20 days after service of the
accusation, or at a later time specified by the attorney general. If the subject of the accusation fails to timely
answer, the allegations are considered admitted.
- (c) If the subject of the accusation denies that a violation of this chapter has occurred, the attorney general shall
refer the matter to the personnel board, which shall notify the chief administrative law judge (AS 44.64.010
), who shall appoint an administrative law judge to serve as a hearing officer to conduct a hearing.
- (d) If the subject of the accusation admits a violation of this chapter, the attorney general shall refer the matter to
the personnel board to impose penalties under AS 39.52.410
, 39.52.440, and 39.52.450, as appropriate.
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