Section 43.05.435. Scope and standards for decision.

Latest version.

The administrative law judge shall hear all questions de novo under AS 43.05.405 - 43.05.499. The administrative law judge shall
        (1) resolve a question of fact by a preponderance of the evidence or, if a different standard of proof has been set by law for a particular question, by that standard of proof;
        (2) resolve a question of law in the exercise of the independent judgment of the administrative law judge;
        (3) defer to the Department of Revenue as to a matter for which discretion is legally vested in the Department of Revenue, unless not supported by a reasonable basis.

Notes

History

(Sec. 1 ch 108 SLA 1996; am Sec. 69 ch 163 SLA 2004)

                    
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