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Title 20 . Miscellaneous Boards and Commissions
Chapter 5 . Mental Health Trust Authority
Section 1820. Rules of evidence

20 AAC 05.1820. Rules of evidence

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

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

(c) The applicant or other party and 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. If the applicant or other party does not testify, he may be called and examined by the hearing officer.

(d) The applicant or other party shall bear the burden of proving by a preponderance of the evidence that a determination of the commission is erroneous.

(e) In a show cause proceeding under As 16.43.960, the commission has the burden of proving by a preponderance of the evidence that a person or entity knowingly provided, assisted in providing, or failed to correct false information provided to the commission for the purpose of obtaining a benefit.

(f) In an administrative error proceeding under 20 AAC 05.1805(d), the commission has the burden of proving by a preponderance of the evidence that a commission determination or action was in error.

History: Eff. 12/18/74, Register 52; am 1/2/81, Register 77; am 1/29/82, Register 81; am 12/30/82, Register 84; am 5/20/90, Register 114

Authority: AS 16.43.100 (b)

AS 16.43.110

AS 16.43.120 (a)


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Last modified 7/05/2006