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Title 2 . Administration
Chapter 36 . Public Information
Section 120. Appeal procedures

2 AAC 36.120. Appeal procedures

(a) At the hearing of the appeal, unless otherwise provided by the board

(1) the division shall briefly state its position on appeal;

(2) the appellant shall briefly state his or her position on appeal;

(3) each party, commencing with the appellant, shall present its case in chief and may

(A) utilize oral testimony taken under oath or affirmation;

(B) examine witnesses;

(C) introduce exhibits;

(D) cross-examine opposing witnesses on matters relevant to the issues even though that matter was not covered in the direct examination;

(E) discredit a witness regardless of which party first called the witness to testify;

(F) rebut the evidence against that party; and

(G) make closing arguments.

(b) The board will, at its discretion, ask questions of any party or witness at any point during the hearing.

(c) The hearing will not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence, including hearsay evidence, will be admitted if it is evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence will be excluded or curtailed.

(d) In order to expedite resolution of an appeal, the board may, in its discretion, seek additional evidence. All parties to the appeal will be duly notified and given an opportunity to participate in the consideration of additional evidence. Parties to the appeal and witnesses shall remain available to assist in the event the board seeks additional evidence.

(e) All phases of the hearing except the board's deliberations will be recorded. The board's deliberation will be recorded unless the deliberations are closed under 2 AAC 36.130.

History: In effect before 10/21/83, Register 93

Authority: AS 14.25.035

AS 14.25.175

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Last modified 7/05/2006