Section 44.62.450. Hearings.

   (a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of administrative hearings (AS 44.64.010), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the case with the hearing officer.
   (b) If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law.  The agency shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
   (c) A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the hearing officer or agency member cannot accord a fair and impartial hearing or consideration.  A party may request the disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded.  If the request concerns an agency member the issue shall be determined by the other members of the agency.  If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case with the hearing officer, and by the hearing officer when the officer hears the case alone.  An agency member may not withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to act in the particular case.
   (d) The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of assuring an accurate record.

Authorities

44.64.070

Notes

Implemented As

8 AAC 78.180
8 AAC 78.340

References

3 AAC 90.080
3 AAC 90.085
8 AAC 45.065
8 AAC 45.070
8 AAC 97.375
AS 44.64.070 Disqualification of administrative law judge.

History

(Sec. 13 (ch 2) ch 143 SLA 1959; am Sec. 79 ch 163 SLA 2004)