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Title 2 . Administration
Chapter 50 . Public Information
Section 454. Expedited consideration

2 AAC 50.454. Expedited consideration

(a) A request to expedite a complaint alleging a violation of AS 15.13 or a regulation adopted under AS 15.13 is made by the complainant in the complaint or by the respondent in the answer. A complaint or answer requesting expedited consideration must include proof of actual receipt of the complaint or answer by the opposing party.

(b) No later than two days after the filing of a request to expedite consideration, the commission will meet to consider the request. The commission will provide notice of the date, time, and location of the meeting to the complainant and respondent, and will post the notice on the commission's website and in a prominent place, available to the general public, at the commission's offices. In the notice, the commission will state that, if the commission grants expedited consideration, the hearing on the complaint may immediately follow the meeting on the request to expedite.

(c) At the meeting the commission will consider the argument and evidence provided in support of the request for expedited consideration and will allow the party opposing the request an opportunity to respond with argument and evidence. The commission may allow an opportunity to rebut the response.

(d) The commission will grant expedited consideration of a complaint if substantial evidence supports expediting consideration under the factors set out in AS 15.13.380 (c) and deny expedited consideration if substantial evidence does not support expediting consideration under those factors.

(e) If the commission grants expedited consideration, the commission will announce its decision on the record and either convene the hearing on the complaint or provide notice of the date, time, and location of the hearing on the complaint.

(f) If the commission denies expedited consideration, the commission will notify the parties in writing of its decision and refer the complaint for investigation as provided in 2 AAC 50.460.

History: Eff. 2/20/2005, Register 173

Authority: AS 15.13.030

AS 15.13.045

AS 15.13.380

Editor's note: The Internet address to view the notice described in 2 AAC 50.454(b) is http://www.state.ak.us/apoc/campaign.htm.


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Last modified 7/05/2006