Title 2 . Administration

Chapter 35 . Public Information

Section 150. Presentation of evidence

2 AAC 35.150. Presentation of evidence

(a) Except as provided in (c) of this section, all documentary evidence, written arguments, and a list of witnesses to be presented to the board must be submitted according to the following schedule, unless otherwise agreed to by the appellant and the division:

(1) appellant's materials must be sent to the division at least 60 days before the hearing;

(2) the division's materials must be sent to the appellant not later than 15 days before the hearing; and

(3) the division shall send its material and the appellant's material to all board members not later than 15 days before the hearing.

(b) Material previously submitted by the appellant under (a) of this section may be supplemented at the hearing if the appellant demonstrates to the satisfaction of the board that there is good reason why the material was not submitted in a timely fashion. A supplementary submission of material that constitutes a substantial and detrimental surprise to the division's case is grounds for the board to delay or postpone the hearing.

(c) The board will, in its discretion, schedule, require, or allow pre-hearing procedures established by (b) of this section, post-hearing briefs, memoranda, or written argument.

(d) If the appellant submits materials to the division under (a)(1) of this section, the appellant shall submit eight copies of the materials in an appeal other than an appeal concerning disability benefits, and ten copies in an appeal concerning disability benefits. Even if requested by the appellant, the division will not send to the board materials from the appellant's file submitted before the appellant filed the notice of appeal, or materials not submitted with the requisite number of copies.

(e) Absent a submission by the appellant that complies with this section, the board may proceed to hear the appeal on only those documents submitted by the administrator. The administrator is not required to submit the appellant's file to the board.

History: In effect before 10/21/83, Register 93; am 12/9/85, Register 99; am 7/12/90, Register 122; am 11/26/93, Register 126; am 9/27/96, Register 150; am 1/7/2001, Register 159

Authority: AS 39.35.040

AS 39.35.042

AS 39.35.522

Editor's note: Even though the 1996 amendments to 2 AAC 35.150(a) and (e) were effective 9/27/96, they were not published until Register 150, July 1999.