- Alaska Statutes.
- Title 44. State Government
- Chapter 64. Hearing Officers and Office of Administrative Hearings
- Section 70. Disqualification of Administrative Law Judge.
previous: Section 60
. Procedure For Hearings.
next: Section 80
. Agency Cooperation.
AS 44.64.070. Disqualification of Administrative Law Judge.
- (a) The chief administrative law judge or an administrative law judge employed or retained by the office is disqualified
from a case in which the administrative law judge cannot accord a fair and impartial hearing or for other reasons
established in the code of hearing officer conduct.
- (b) A party may request the disqualification of the chief administrative law judge or another administrative law judge 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 by that administrative law judge. Notwithstanding AS 44.62.450
(c), upon receipt of the affidavit, the administrative law judge assigned to the administrative hearing shall make a
determination. If the affiant objects to the decision, the matter shall be decided by the chief administrative law
judge, whose decision is final, or if the hearing is assigned to the chief administrative law judge, by the attorney
general, whose decision is final.
- (c) In addition to disqualification of an administrative law judge under (a) and (b) of this section, each side is
entitled to change the assigned administrative law judge once. Two or more parties aligned on the same side of an
action shall be treated as one side for purposes of this subsection, but the chief administrative law judge may allow
an additional change to a party whose interests are adverse to the interests of another party on the same side. A party
wishing to exercise the right to change the administrative law judge shall give notice to the chief administrative law
judge within five days after notice is given that the case has been assigned. A party waives the right to a change in
the assigned administrative law judge by participating before that administrative law judge in any proceeding or
conference involving the case.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.