2 AAC 35.160. Appeal procedures

(a) At the hearing of the appeal, unless otherwise provided by the board

(1) the division shall briefly state its position on appeal;

(2) the appellant shall briefly state his or her position on appeal;

(3) each party, commencing with the appellant, shall present its case in chief and may

(A) utilize oral testimony taken under oath or affirmation;

(B) examine witnesses;

(D) cross-examine opposing witnesses on matters relevant to the issues even though that matter was not covered in the direct examination;

(E) discredit a witness regardless of which party first called the witness to testify;

(F) rebut the evidence against that party; and

(G) make closing arguments.

(b) The board may, in its discretion, ask questions of any party or witness at any point during the hearing.

(c) The hearing will not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence, including hearsay evidence, will be admitted if it is evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence will be excluded or curtailed.

(d) In order to expedite resolution of an appeal the board may, in its discretion, seek additional evidence. All parties to the appeal must be duly notified and given an opportunity to participate in the consideration of additional evidence. Parties to the appeal and witnesses shall remain available to assist in the event the board seeks additional evidence.

(e) All phases of the hearing except the board's deliberations will be recorded. The board's deliberations will be recorded unless the deliberations are closed under 2 AAC 35.170.

(f) Teleconferencing will be in accordance with former 2 AAC 35.035.

History: In effect before 10/21/83, Register 93; am 08/25/90, Register 122

Authority: AS 39.35.040

AS 39.35.522

Editor's note: As of Register 175 (October 2005), changes were made to 2 AAC 35.160 by the regulations attorney to recognize the establishment of the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board. The changes were made by the regulations attorney in accordance with ch. 9, FSSLA 2005 and AS 44.62.125 (b)(6).

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