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Title 20 . Miscellaneous Boards and Commissions
Chapter 25 . Mental Health Trust Authority
Section 540. Hearings

20 AAC 25.540. Hearings

(a) On its own motion or if a written request is received to issue an order affecting a single well or a single field, the commission will publish notice in an appropriate newspaper as provided in AS 31.05.050 (b). In the notice, the commission will set out the essential details of the requested order, provide an opportunity for public comment, tentatively specify the place, time, and date for a public hearing, and provide a telephone number that the public may use to learn if the commission will hold the tentative hearing. The commission will tentatively set a hearing date that is at least 30 days after the date of publication of the notice. A person may submit a written protest or written comments during that 30-day period. In addition, a person may request that the tentatively scheduled hearing be held by filing a written request with the commission within 15 days after the publication date of the notice. If the commission receives a timely request for hearing, or if the commission desires to hold a hearing, the commission will hold a hearing on the date and time specified in the notice. If a request for hearing is not timely filed, the commission will, in its discretion, issue an order without a hearing.

(b) On its own motion or if a written request for a public hearing is received concerning a matter within the jurisdiction of the commission under this chapter, the commission will publish notice in an appropriate newspaper as provided in AS 31.05.050 (b). In the notice, the commission will provide the essential details of the matter and set out the place for the public hearing, the date, and the time for the public hearing. The commission will set a hearing date that is at least 30 days after the date of publication.

(c) Except as otherwise provided in (e) of this section, the following procedures apply to public hearings conducted under (a) or (b) of this section:

(1) the hearing will be called to order and the subject of the hearing, along with the date and place of public notice given for the hearing, will be read into the record;

(2) the commission will receive both sworn testimony and unsworn statements; it will give greater weight in its deliberations to sworn testimony;

(3) all persons wishing to testify will be sworn;

(4) each witness shall state the witness's name and whom the witness represents;

(5) each witness who wishes to give expert testimony shall state the witness's qualifications, and the commission will rule on whether the witness qualifies as an expert;

(6) the applicant will be asked to present testimony first; all others wishing to present testimony will be heard next; upon request, the commission will, in its discretion, allow cross-examination of witnesses;

(7) a person wishing to make an oral statement will be allowed to do so after the conclusion of all testimony;

(8) the commission will, in its discretion, ask questions of a witness;

(9) except as may be allowed under (6) of this subsection, a person may not ask questions of witnesses directly; to have a question directed to a witness, a person must provide the question in writing, along with the person's name and that of the witness, to a designated commission representative; before the end of the hearing, the commission will review these questions and ask those that it believes will be helpful in eliciting needed information; all questions will be included in the public record;

(10) if disclosure of otherwise confidential information is required, the commission will limit and condition disclosure to the extent necessary to comport with applicable constitutional, statutory, and common law doctrines that protect trade secrets within the meaning of AS 45.50.940 and other commercially sensitive, confidential, and proprietary information; in limiting or conditioning disclosure under this paragraph, the commission will, as necessary

(A) review confidential information in-camera; and

(B) redact commission decisions to protect confidential information;

(11) the hearing will be recorded and the recording included in the public record of the hearing;

(12) the commission will, in its discretion, allow pre-filed written testimony in place of or in addition to oral testimony.

(d) The commission will hold hearings on matters of statewide or general application under the applicable provisions of AS 44.62.

(e) In a hearing under 20 AAC 25.535, a party may be represented by counsel, call and examine witnesses, present relevant evidence unless unduly cumulative or repetitious, cross-examine witnesses, impeach witnesses, and rebut adverse evidence. The commission will base its decision with respect to contested issues of fact only on evidence presented during the hearing. The commission will establish a reasonable date before the hearing by which the commission will and each party must provide

(1) the names and addresses of persons known to have knowledge of relevant facts and, unless privileged,

(A) written or recorded statements by those persons; or

(B) summaries of statements by those persons;

(2) the name, address, and qualifications of each expert who will testify at the hearing, and a written description of the substance of the expert's proposed testimony, the expert's opinion, and the underlying basis of that opinion; and

(3) a copy of all documents and a description of all other tangible things intended to be used in the hearing.

(f) By means of a pre-hearing conference or otherwise, the commission will, in its discretion, establish additional procedures for a specific hearing consistent with the procedures in (c) or (e) of this section, as applicable, or as otherwise necessary to provide due process to a party.

History: Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

Authority: AS 31.05.030

AS 31.05.040

AS 31.05.050

AS 31.05.060

AS 31.05.070


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Last modified 7/05/2006