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Title 18 . Environmental Conservation
Chapter 95 . Administrative Enforcement
Section 70. Discovery

18 AAC 95.070. Discovery

(a) At any time after service of the compliance order, and upon 24 hours' notice, the respondent may inspect and copy all documents and records pertaining to the case at the prosecuting office during normal working hours. Except for good cause shown, a fee of 10 cents per page of copied material must be paid by the respondent before he may take possession of the copies.

(b) Within seven days of service of a request for a hearing, the prosecuting office shall serve upon the respondent

(1) the names and addresses of witnesses whom the prosecuting office intends to call at the hearing to support the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter) and a brief summary of the purpose of their testimony;

(2) the nature, location and custodian of any real or documentary evidence which the prosecuting office intends to introduce at the hearing to support the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter); and

(3) matters of which the prosecuting office proposes to take official notice at the hearing.

(c) Within seven days of service of the matters specified in (b) of this section, the respondent shall serve upon the prosecuting office

(1) a specification of the issues, defenses and factual matters which respondent intends to introduce at the hearing either to contest the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter), or to argue affirmative matters of defense;

(2) the names and addresses of all witnesses whom the respondent intends to call at the hearing to support any matter specified in (1) of this subsection, and a brief summary of the purpose of their testimony; and

(3) the nature, location and custodian of any real or documentary evidence which the respondent intends to introduce at the hearing to support any matter specified in (1) of this subsection.

History: Eff. 7/24/77, Register 63

Authority: AS 46.03.020 (10)

AS 46.03.850


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Last modified 7/05/2006