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(a) The commission or the presiding officer will fix the time for the filing and service of briefs with due regard to the immediacy of the decision size of the record, and the nature, complexity, and importance of the proceeding or of the issues involved. The commission or the presiding officer will, in their discretion, decide the order in which briefs will be filed and any limitation on the number of pages that may be contained in a brief.
(b) Except as otherwise provided in this section, briefs must be submitted in compliance with the provisions of 3 AAC 48.090 - 3 AAC 48.100, including requirements dealing with heading, caption, size of paper, typing, margins, number of copies, and proof of service.
(c) The commission or the presiding officer will, in their discretion, require the parties and their counsel or other authorized representatives to present their arguments and authorities orally at the close of the hearing instead of by written brief.
(d) Requests for extension of time in which to file briefs shall be in writing and be served upon all parties of record, or upon their attorneys or authorized representatives, and be submitted to the commission at least five days before the date fixed for filing the briefs.
(e) Every brief shall contain
(1) a table of contents and subject index with page references;
(2) a list of all cases and authorities cited, arranged alphabetically, with page references;
(3) a concise statement of
(A) the nature and history of the proceeding;
(B) the questions to which the brief is directed;
(C) the facts relied upon with references to the testimony and exhibits cited;
(4) the argument under as many appropriate headings as there are major points argued.
(f) If a brief is addressed to a question of law, it shall, in addition to complying with (e) of this section, contain a discussion of the points of law presented with citations of authorities and a conclusion containing a brief summary and prayer.
(g) Lengthy quotations from the record or from authorities should not be included in the body of a brief, but may be included in an attached appendix designated as "Appendix 'A,' 'B,' 'C"' etc., with an appropriate title.
(h) Exhibits may be analyzed, but should not be reproduced in the body of a brief; however, if desired, they may be reproduced and attached as an appendix to a brief.
History: Eff. 1/13/73, Register 44; am 6/29/84, Register 90
Authority: AS 42.05.141
AS 42.06.140 (a)
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Last modified 7/05/2006