Section 21.06.210. Hearing procedure.

   (a) The administrative law judge or director shall allow a party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of the party's interest, and to have subpoenas issued by the administrative law judge or director to compel attendance of witnesses and production of evidence in the party's behalf.
   (b) The administrative law judge or director shall permit to become a party to the hearing by intervention, if timely, any person who was not an original party to the proceeding and whose pecuniary interests are to be directly and immediately affected by the director's order made upon the hearing.
   (c) Formal rules of pleading or evidence need not be observed at a hearing.
   (d) Upon written request seasonably made by a party to the hearing and at that person's expense, the administrative law judge or director shall cause a full stenographic record of the proceedings to be made by a competent reporter. If transcribed, a copy of the stenographic record shall be furnished to the director, without cost to the director or the state, and shall be a part of the director's record of the hearing. If transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party. If no stenographic record is made or transcribed, the administrative law judge or director shall prepare an adequate record of the evidence and of the proceedings.
   (e) Upon written request of a party to a hearing filed with the director within 30 days after an order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive it, the director may grant a rehearing or reargument of the matters involved in the hearing.  Notice of the rehearing or reargument must conform to the requirements of AS 21.06.200.
   (f) If the parties agree, the administrative law judge or director may conduct a hearing under this section by teleconference.
   (g) A witness at a hearing under this section may testify telephonically.
   (h) The administrative law judge or director may close a hearing to the public when the administrative law judge or director finds the closure is necessary to protect a person against unwarranted injury or is in the public interest.

Authorities

21.22.030

Notes

References

3 AAC 21.520
AS 21.22.030 Hearing, findings, and approval.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 13 ch 67 SLA 1992; am Sec. 5 ch 38 SLA 2002; am Sec. 43 - 47 ch 163 SLA 2004)