18 AAC 15.235. Hearing officer

(a) The commissioner may

(1) designate a department employee to

(A) make a final decision under 18 AAC 15.200 - 18 AAC 15.225 or to prepare a recommended decision for the commissioner's consideration; or

(B) act as a hearing officer for a hearing under this chapter, and to

(i) make a final decision in the hearing; or

(ii) prepare a recommended decision for the commissioner's consideration; or

(2) appoint an individual from outside the department to act as a hearing officer for a hearing under this chapter, and to prepare a recommended decision for the commissioner's consideration.

(b) An individual designated or appointed under (a) of this section

(1) may not have been substantively involved in the decision at issue in the hearing;

(2) must be impartial with respect to the subject of the hearing;

(3) if a public officer within the meaning of AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that chapter; and

(4) if an attorney, must comply with applicable rules of professional conduct.

(c) If the commissioner designates another individual to act as hearing officer under (a)(1)(B) or (a)(2) of this section, the commissioner will give notice at the time of the designation to the parties.

History: Eff. 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.35.090 (e)

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