Section 2 AAC 64.360 - Sanctions(a) If a party fails to comply with an order, including an order to provide documents or information to another party, the administrative law judge may impose an appropriate sanction, proportionate to the party's conduct, including denial of a motion or other request, denial of the admission of evidence into the hearing record, or dismissal of the case. An administrative law judge may not impose costs or attorneys fees as a sanction, except as provided in (b) of this section.(b) If AS 44.64.040(b) or another statute or regulation allows, an administrative law judge may order a party, a party's attorney, or other authorized representative to pay reasonable expenses to a party if the administrative law judge, after providing notice and an opportunity to be heard to the person, finds that expenses were incurred because the person acted in bad faith or used tactics frivolously or solely to cause unnecessary delay. The administrative law judge may require the party who incurred the expenses to provide proof of the amount and the reason for an expenditure, but shall require proof of an attorney's work, time, and fees before ordering payment of attorney fees to a party. The administrative law judge may require other parties to the sanction proceedings to submit evidence of attorney time and fee details for use in determining the reasonableness of the fees sought. In the order, the administrative law judge will make specific findings of the reason for the sanction and the basis for the amount to be paid.Eff. 7/2/2006, Register 178Authority:AS 44.64.020
AS 44.64.040
AS 44.64.060