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Title 2 . Administration
Chapter 50 . Public Information
Section 470. Hearings

2 AAC 50.470. Hearings

(a) After the complaint is accepted for filing, the executive director or the executive director's designee shall schedule a hearing at the commission office in Anchorage or in another location as required in AS 44.62.410 and provide notice of the date and time of the hearing to the complainant and respondent by personal service or by mail and to the public on the commission's web site and by posting in a prominent place, available to the public, at the commission's offices.

(b) The commission may participate in person, by telephone, or by delegation to a hearing officer.

(c) The commission staff shall present the investigation report. The commission staff has the burden to prove a violation by a preponderance of the evidence.

(d) The commission staff and the respondent are parties to the hearing, may be represented by an attorney or authorized agent, and may call witnesses and present evidence.

(e) The complainant is not a party and may not call witnesses or present evidence but may make argument.

(f) The hearing will be conducted under AS 44.62.330 - 44.62.630.

(g) The commission may go into executive session to deliberate.

(h) The hearing will be recorded. The recording will be maintained, but a transcript will not routinely be prepared. A complainant or respondent may prepare a transcript at the complainant's or respondent's own expense. A copy of the transcript must be filed with the commission.

(i) No later than 10 days after the record closes, the commission will issue an order in accordance with AS 44.62.510 .

(j) The commission may reconsider its order as provided in AS 44.62.540 . A request for reconsideration must be filed within 15 days after the commission delivers or mails an order issued under (i) of this section and must state the reason for the request. A decision will be reconsidered only if

(1) there was a substantial procedural error;

(2) the order was based on fraud, misrepresentation, or material mistake of fact or law;

(3) a court decision or statute changed the law applied in the hearing; or

(4) new evidence has been discovered that could not have been discovered before the hearing using reasonable diligence.

History: Eff. 6/29/84, Register 90; am 1/4/86, Register 97; am 2/20/2005, Register 173

Authority: AS 15.13.030

AS 15.13.045

AS 15.13.380

AS 24.45.021

AS 24.45.131

AS 39.50.050

AS 39.50.135

Editor's note: The Internet address to view the notice described in 2 AAC 50.470(a) is http://www.state.ak.us/local/ak pages/ADMIN/apoc/index.htm.


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Last modified 7/05/2006