18 AAC 15.245. Obligation to submit evidence and raise issues

A party may not submit a factual contention or expert opinion that was not submitted timely to the department before the department's issuance of the contested decision unless the party shows good cause for the failure to submit the item. A party may not raise an issue of fact or question of law that was not raised timely to the department before the department's issuance of the contested decision unless the party shows good cause for the failure to raise each matter. For purposes of this section, grounds upon which a party may show good cause include the following:

(1) the party could not reasonably have ascertained the issues or made the information available within the time required by this chapter; or

(2) the party could not have reasonably anticipated the relevance or materiality of the matter sought to be raised or the information sought to be introduced.

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

Authority: AS 46.03.020

AS 46.35.090 (e)

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