Section 8 AAC 57.190 - Evidence(a) The introduction of new or additional evidence is not permitted in an appeal, except as provided in AS 23.30.128(a) and (c).(b) If new or additional evidence is permitted, the commission is not bound by common law or statutory rules of evidence, except that rules of privilege apply to the same extent that they apply in the Alaska Court System. The chair may admit any evidence of the type on which a reasonable person might rely in the conduct of serious affairs.(c) The chair may (1) refuse to admit evidence that is unduly repetitious or likely to arouse prejudice or passion unrelated to the matter in issue; or(2) exclude any documentary, testimonial, or physical evidence that was not disclosed in advance of filing to all parties, unless the failure to disclose was due to surprise, newly discovered evidence that could not have been disclosed sooner through the exercise of due diligence, or the misconduct of a party.(d) If new or additional evidence is permitted, oral evidence may be taken only on oath or affirmation.Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197Authority:AS 23.30.008
AS 23.30.009
AS 23.30.125
AS 23.30.128