- Alaska Statutes.
- Title 44. State Government
- Chapter 62. Administrative Procedure Act
- Section 450. Hearings.
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. Evidence Rules.
AS 44.62.450. Hearings.
- (a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the
office of administrative hearings (AS 44.64.010
), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the
case with the hearing officer.
- (b) If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of
evidence, and advise the agency on matters of law. The agency shall exercise all other powers relating to the conduct
of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears
a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
- (c) A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the
hearing officer or agency member cannot accord a fair and impartial hearing or consideration. A party may request the
disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a
hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be
accorded. If the request concerns an agency member the issue shall be determined by the other members of the agency.
If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case
with the hearing officer, and by the hearing officer when the officer hears the case alone. An agency member may not
withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to
act in the particular case.
- (d) The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of
assuring an accurate record.
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