(a) Oral evidence may be taken only on oath or affirmation.
(b) Each party may
(1) call and examine witnesses;
(2) introduce exhibits;
(3) cross-examine opposing witnesses on matter relevant to the issues, even though that matter was not covered in the direct examination;
(4) impeach a witness regardless of which party first called the witness to testify; and
(5) rebut the adverse evidence.
(c) If the respondent does not testify in behalf of the respondent, the respondent may be called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded.
(e) Unless a different standard of proof is stated in applicable law, the
(1) petitioner has the burden of proof by a preponderance of the evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a right, authority, license, or privilege has been denied;
(2) respondent has the burden of proof by a preponderance of the evidence if a right, authority, license, or privilege has been initially denied or not issued.
Other Sections in this Chapter:
- Sec. 44.62.010. Application to State Organization Act of 1959.
- Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.
- Sec. 44.62.030. Consistency between regulation and statute.
- Sec. 44.62.040. Submitting regulations.
- Sec. 44.62.050. Style and forms.
- Sec. 44.62.060. Preparation and filing.
- Sec. 44.62.070. Fees.
- Sec. 44.62.080. Endorsement and filing.
- Sec. 44.62.090. Filing with local government unit clerks. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.100. Presumptions from filing.
- Sec. 44.62.110. Presumptions from publication.
- Sec. 44.62.120. Voluntary submitting and publication.
- Sec. 44.62.125. Regulations attorney.
- Sec. 44.62.130. Codification and publication.
- Sec. 44.62.140. Distribution of code and register.
- Sec. 44.62.150. Price. [Repealed, § 49 ch 127 SLA 1974.] Repealed
- Sec. 44.62.160. Date and content of register.
- Sec. 44.62.170. Form of publication. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.175. Alaska Online Public Notice System.
- Sec. 44.62.180. Effective date.
- Sec. 44.62.190. Notice of proposed action.
- Sec. 44.62.195. Fiscal notes on regulations.
- Sec. 44.62.200. Contents of notice.
- Sec. 44.62.210. Public proceedings.
- Sec. 44.62.213. Agency contact with the public.
- Sec. 44.62.215. Record of public comment.
- Sec. 44.62.218. Regulations affecting small businesses. [Repealed, § 2 ch 91 SLA 2005.] Repealed
- Sec. 44.62.220. Right to petition.
- Sec. 44.62.230. Procedure on petition.
- Sec. 44.62.240. Limitation on retroactive action.
- Sec. 44.62.245. Material incorporated by reference.
- Sec. 44.62.250. Emergency regulations.
- Sec. 44.62.260. Limitation on effective period of emergency regulations.
- Sec. 44.62.270. State policy.
- Sec. 44.62.280. Purpose of AS 44.62.180
- Sec. 44.62.290. Limits of the application of AS 44.62.180
- Sec. 44.62.300. Judicial review of validity.
- Sec. 44.62.305. Judicial relief in administrative matters.
- Sec. 44.62.310. Government meetings public.
- Sec. 44.62.312. State policy regarding meetings.
- Sec. 44.62.319. Short title.
- Sec. 44.62.330. Application of AS 44.62.330
- Sec. 44.62.340. Delegation of power by agencies.
- Sec. 44.62.350. Appointment of hearing officers.
- Sec. 44.62.360. Accusation.
- Sec. 44.62.370. Statement of issues.
- Sec. 44.62.380. Service of accusation.
- Sec. 44.62.390. Notice of defense.
- Sec. 44.62.400. Amended or supplemental accusation.
- Sec. 44.62.410. Time and place of hearing.
- Sec. 44.62.420. Form of notice of hearing.
- Sec. 44.62.430. Subpoenas; witness fees.
- Sec. 44.62.440. Depositions.
- Sec. 44.62.450. Hearings.
- Sec. 44.62.470. Evidence by affidavit.
- Sec. 44.62.480. Official notice.
- Sec. 44.62.490. Amendment of accusation after submission.
- Sec. 44.62.500. Decision in a contested case.
- Sec. 44.62.510. Form and retroactivity of decision.
- Sec. 44.62.520. Effective date of decision; stay.
- Sec. 44.62.530. Default.
- Sec. 44.62.540. Reconsideration.
- Sec. 44.62.550. Petition for reinstatement or reduction of penalty.
- Sec. 44.62.560. Judicial review.
- Sec. 44.62.570. Scope of review.
- Sec. 44.62.580. Continuances.
- Sec. 44.62.590. Contempt.
- Sec. 44.62.600. Voting procedure.
- Sec. 44.62.610. Charge.
- Sec. 44.62.620. Power to administer oaths.
- Sec. 44.62.630. Impartiality.
- Sec. 44.62.635. [Renumbered as AS 44.62.930 Renumbered
- Sec. 44.62.640. Definitions for AS 44.62.010
- Sec. 44.62.650. [Renumbered as AS 44.62.950 Renumbered
- Sec. 44.62.710. Purpose and applicability of AS 44.62.710
- Sec. 44.62.720. Determination of need for negotiated regulation making committee.
- Sec. 44.62.730. Use of convener.
- Sec. 44.62.740. Establishment, time line, support, and termination of committee.
- Sec. 44.62.750. Committee duties, procedures, and report.
- Sec. 44.62.760. Facilitator selection, duties, and authority.
- Sec. 44.62.770. Employees, contractors, and funding.
- Sec. 44.62.780. Judicial review.
- Sec. 44.62.790. Relationship to other requirements.
- Sec. 44.62.795. Confidentiality of certain records and documents.
- Sec. 44.62.800. Definitions. Repealed
- Sec. 44.62.930. Teleconferencing.
- Sec. 44.62.950. Short title.