Section 39.52.350. Probable cause for hearing.

   (a) If the attorney general determines that there is probable cause to believe that a knowing violation of this chapter or a violation that cannot be corrected under AS 39.52.330 has occurred, or that the subject of a complaint failed to comply with a recommendation for corrective or preventive action, the attorney general shall initiate formal proceedings by serving a copy of an accusation upon the subject of the accusation. The accusation shall specifically set out the alleged violation.  After service, the accusation is a public document open to inspection.  Except as provided in AS 39.52.370(c), all subsequent proceedings are open to the public.
   (b) The subject of the accusation shall file an answer with the attorney general within 20 days after service of the accusation, or at a later time specified by the attorney general.  If the subject of the accusation fails to timely answer, the allegations are considered admitted.
   (c) If the subject of the accusation denies that a violation of this chapter has occurred, the attorney general shall refer the matter to the personnel board, which shall notify the chief administrative law judge (AS 44.64.010), who shall appoint an administrative law judge to serve as a hearing officer to conduct a hearing.
   (d) If the subject of the accusation admits a violation of this chapter, the attorney general shall refer the matter to the personnel board to impose penalties under AS 39.52.410, 39.52.440, and 39.52.450, as appropriate.

Authorities

39.52.260;39.52.340

Notes

Implemented As

9 AAC 52.140

References

9 AAC 52.140
AS 39.52.260 Designated supervisor's report and attorney general review.
AS 39.52.340 Confidentiality.

History

(Sec. 1 ch 87 SLA 1986; am Sec. 60 ch 163 SLA 2004)