Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 151. Order of hearing

3 AAC 48.151. Order of hearing

As the first order of business at a hearing, the presiding officer shall call the docket by reading the docket number and caption and shall state on the record when and how notice was given as to the time, place, and nature of the hearing. The presiding officer may also make a concise statement of the scope and purpose of the hearing and the issues involved. After that, all parties, either on their own behalf or through their attorneys or other authorized representatives, shall enter their appearances by giving their names and addresses to the reporter, together with the party on whose behalf they are appearing. The procedure in a hearing may be determined by stipulation in a prehearing conference, or by the presiding officer, subject, in either case, to approval, rejection, or modification by the commission. Otherwise, the matters considered at a hearing, after all appearances have been entered, will ordinarily be disposed of in substantially the following order:

(1) pending motions;

(2) stipulations of the parties;

(3) opening statements;

(4) presentation of cases as follows, unless otherwise ordered by the commission:

(A) in regard to an investigation on motion of the commission, the commission will hear

(i) the public advocacy section's direct case;

(ii) each intervenor's direct case in the order in which the petitions for intervention were filed with the commission;

(iii) the respondent's direct case; and

(iv) rebuttal by the public advocacy section;

(B) in regard to proceedings in which the operation of a tariff filing has been suspended, the commission will hear

(i) the applicant's direct case;

(ii) the public advocacy section's direct case;

(iii) each intervenor's direct case in the order in which the petitions for intervention were filed with the commission; and

(iv) rebuttal by the applicant;

(C) in regard to an application or petition, the commission will hear

(i) each applicant's or petitioner's direct case in the order in which the applications or petitions were filed with the commission;

(ii) the public advocacy section's direct case;

(iii) each intervenor's direct case in the order in which the petitions for intervention were filed with the commission; and

(iv) rebuttal by each applicant or petitioner in the order in which the applications or petitions were filed with the commission;

(D) in regard to complaints, the commission will hear

(i) the complainant's direct case;

(ii) the public advocacy section's direct case;

(iii) each intervenor's direct case in the order in which the petitions for intervention were filed with the commission;

(iv) the respondent's direct case; and

(v) rebuttal by the complainant;

(E) repealed 3/21/2003;

(5) statements by participants, protestants, or any other interested members of the public will be scheduled at the discretion of the presiding officer at any convenient point during the hearing.

History: Eff. 6/29/84, Register 90; am 3/21/2003, Register 165

Authority: AS 42.05.141

AS 42.05.151

AS 42.06.140