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Title 3 . Commerce, Community, and Economic Development
Chapter 80 . Fisheries Enhancement Tax Appropriations
Section 130. Hearing procedures

3 AAC 80.130. Hearing procedures

(a) Hearings will be conducted informally and in a manner that protects the rights of the parties.

(b) Oral evidence may be taken only upon oath or affirmation.

(c) The Alaska Rules of Evidence apply except when the hearing officer determines that their application is not required in order to assure fair treatment of a party and that the evidence offered is relevant and the sort on which responsible persons are accustomed to rely in the conduct of serious matters.

(d) The debtor, any other party, or the hearing officer may

(1) call and examine witnesses;

(2) introduce exhibits;

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

(e) If the debtor or any other party does not testify, the party may be called and examined by the hearing officer.

(f) The debtor bears the burden of proving by a preponderance of the evidence that a determination of the department is erroneous.

(g) AS 44.62.590 , relating to contempt during proceedings before a hearing officer, applies to hearings under this chapter.

(h) If a debtor or any other party does not appear at a scheduled hearing, and good cause is not shown, the hearing officer may act upon the evidence of record without further notice to the debtor or other party.

History: Eff. 11/2/84, Register 92

Authority: AS 16.10.335

AS 16.10.339

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Last modified 7/05/2006