Section 44.62.460. Evidence rules.

   (a) Oral evidence may be taken only on oath or affirmation.
   (b) Each party may
        (1) call and examine witnesses;
        (2) introduce exhibits;
        (3) cross-examine opposing witnesses on matter relevant to the issues, even though that matter was not covered in the direct examination;
        (4) impeach a witness regardless of which party first called the witness to testify; and
        (5) rebut the adverse evidence.
   (c) If the respondent does not testify in behalf of the respondent, the respondent may be called and examined as if under cross-examination.
   (d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action.  Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action.  The rules of privilege are effective to the same extent that they are recognized in a civil action.  Irrelevant and unduly repetitious evidence shall be excluded.
   (e) Unless a different standard of proof is stated in applicable law, the
        (1) petitioner has the burden of proof by a preponderance of the evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a right, authority, license, or privilege has been denied;
        (2) respondent has the burden of proof by a preponderance of the evidence if a right, authority, license, or privilege has been initially denied or not issued.

Notes

References

18 AAC 60.260
3 AAC 90.080
3 AAC 90.085
7 AAC 26.960
8 AAC 61.205

History

(Sec. 14 (ch 2) ch 143 SLA 1959; am Sec. 8 ch 5 SLA 1966; am Sec. 8 ch 63 SLA 1995)