Section 6 AAC 30.440 - Conduct of hearing(a) The executive director has the burden of proving the allegations of the accusation.(b) The parties may attend the hearing in person, telephonically, or by counsel, may present oral testimony or other evidence, and may examine and cross-examine witnesses. The party attending telephonically is responsible for arranging the call and paying the associated costs. The parties may enter into procedural or substantive stipulations that comply with AS 18.80 or this chapter.(c) The administrative law judge or hearing examiner may, upon reasonable notice, call and examine witnesses, and direct the production and inclusion in the record of documentary evidence.(d) The administrative law judge or hearing examiner may leave the record open after the hearing to permit the inclusion of evidence which was unavailable during the hearing.(e) The administrative law judge or hearing examiner shall conduct the hearing, and rule on the admissibility of evidence, the order and allocation of proof, and all motions and objections. The rule for exclusion of witnesses in civil proceedings in the courts of this state applies to proceeding under AS 18.80. The administrative law judge or hearing examiner may exclude from the hearing room or from further participation in the proceeding any person who engages in improper conduct during the hearing.(f) The hearing may be continued from day to day or adjourned to a later date or to a different place by announcement at the hearing or by appropriate notice to the parties and the executive director.(g) Oral testimony must be given under oath or affirmation. The examiner may administer the oath.(h) The administrative law judge or hearing examiner shall ensure that the proceedings are recorded. A party may obtain a duplicate audiotape of a hearing by submitting a request in writing to the commission and paying the cost of preparing the duplicate audiotape.Eff. 12/7/63, Register 13; am 6/6/75, Register 54; am 12/17/76, Register 60; am 3/12/81, Register 77; am 7/3/96, Register 138; am 12/14/2007, Register 1846 AAC 30.440(c) and (e) were based on 6 AAC 30.055(a), and 6 AAC 30.440(a), (b), (d), and (f) were based on 6 AAC 30.060 before 3/12/81. The history note in this section contains the history of 6 AAC 30.055(a) and 6 AAC 30.060 before 3/12/81.
Authority:AS 18.80.050
AS 18.80.060
AS 18.80.120