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Title 2 . Administration
Chapter 12 . Public Information
Section 980. Evidence

2 AAC 12.980. Evidence

(a) The formal rules of evidence do not apply to arbitrations under AS 36.30.627 and 2 AAC 12.950 - 2 AAC 12.989, with the exception of legal privileges recognized by the law of this state, including the attorney-client privilege and the spousal privilege.

(b) The arbitrator shall determine the admissibility, relevance, and materiality of evidence. Evidence of any type may be admitted if a reasonable person would rely upon it in the conduct of serious affairs, and if admission of the evidence would further the arbitrator's understanding of the matter.

(c) The arbitrator shall determine the admissibility, relevance, and materiality of evidence offered. The arbitrator may refuse to admit or may disregard evidence that the arbitrator considers cumulative, unreliable, or unnecessary. The arbitrator may limit or reject presentation of evidence that the arbitrator considers of slight value compared to the time and effort involved in presentation.

(d) The arbitrator may order the exclusion of any witness other than a party or the party's representative.

History: Eff. 5/26/2004, Register 170

Authority: AS 36.30.040

AS 36.30.870


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Last modified 7/05/2006