Section 42.05.651. Expenses of investigation or hearing.

   (a) During a hearing or investigation held under this chapter, the commission may allocate the costs of the hearing or investigation among the parties, including the commission, as is just under the circumstances. In allocating costs, the commission shall consider the regulatory cost charge paid by a utility under AS 42.05.254 and may consider the results, ability to pay, evidence of good faith, other relevant factors, and mitigating circumstances. Notwithstanding an intervening party's ability to pay, if the commission determines that an intervening party has conducted its intervention in a frivolous manner, the commission shall allocate all costs associated with the intervention to that party. The costs allocated may include the costs of any time devoted to the investigation or hearing by hired consultants, whether or not the consultants appear as witnesses or participants. The costs allocated may also include any out-of-pocket expenses incurred by the commission in the particular proceeding. The commission shall provide an opportunity for any person objecting to an allocation to be heard before the allocation becomes final.
   (b)   [Repealed, Sec. 28 ch 90 SLA 1991]. 
   (c) Notwithstanding the commission's discretion under (a) of this section to allocate costs to parties, the commission may not require a state agency to pay any costs allocated to the state agency.

Notes

Implemented As

3 AAC 48.030
3 AAC 48.155
3 AAC 48.156
3 AAC 48.157

References

3 AAC 48.156

History

(Sec. 6 ch 113 SLA 1970; am Sec. 63 ch 138 SLA 1986; am Sec. 28 ch 90 SLA 1991; am Sec. 21, 22 ch 2 FSSLA 1992; am Sec. 3 ch 1 SLA 1995; am Sec. 6 ch 98 SLA 2004)