Section 8 AAC 57.235 - Commission clerk(a) The commission clerk may not permit an original record of the commission, on paper or electronic media, to be removed from the commission's office, except as required by order of the chair or this chapter. The clerk shall maintain the record on appeal transferred from the board in the commission office during the pendency of the appeal, unless the chair orders the record on appeal to be returned to the board for (1) consideration of a settlement or other action that may resolve the appeal; or(2) other reasons to advance the prompt, fair, and orderly disposition of the appeal.(b) Unless otherwise ordered by the chair, the clerk shall return the record on appeal to the board not later than 45 days after the commission's final disposition of the appeal. If a party appeals the commission's decision to the supreme court, the clerk shall assemble the board's record on appeal and the commission's record on appeal, and transfer the complete, combined records to the clerk of the appellate courts.(c) On the filing of an appeal, the clerk shall request the board's appeals clerk to timely transfer (1) the board hearing recordings not previously transcribed; and(2) the entire board file, including all papers, exhibits, depositions, electronic records, electronic mail messages, records of walk-in and telephonic communications with claimants relied upon by the board, and transcripts of board hearing recordings previously transcribed.(d) The clerk shall prepare and issue to all parties and the board's appeals clerk a written docket notice stating the caption and number assigned to the appeal and a description of the documents filed with the notice of appeal.(e) The clerk shall coordinate with the appellant and the transcriptionist the preparation of transcripts of board hearing recordings not previously transcribed and designated by the parties, as provided in 8 AAC 57.120.(f) The clerk shall publish all final and memorandum decisions of the commission and all other orders that the chair or commission shall require to be published. The clerk shall certify that the published decision or order is the full text of the decision or order issued by the commission, noting if changes in format were made for publication or minor typographical or grammatical errors were corrected.(g) The clerk shall preserve copies of the recordings of commission hearings and make copies of the recordings as requested by a party or to comply with AS 40.25.100 - 40.25.295.(h) Motions for routine extensions of time may be ruled upon by the clerk without referral to the chair or commission panel. Unopposed non-routine motions for extensions of time may also be ruled upon by the clerk. The clerk may not determine a motion to extend the time for filing a notice of appeal or petition for review, nor determine a motion for extension of time to file a document if the time period for filing the document has already expired when the motion is filed. The clerk has the discretion to refer motions that may be determined by the clerk to the chair for decision.Eff. 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.009