2 AAC 35.170. Deliberations on appeal

(a) The deliberations of the board on an appeal will follow as soon after the hearing is concluded as is possible. These deliberations, in the discretion of a majority of the board, will be closed to all other persons. The legal counsel for the board will, in the board's discretion, be included in otherwise closed deliberations. If the deliberations are to be open, they will occur only after notice to all interested parties to the appeal and will be held on record.

(b) A majority in a board vote shall be determined based upon those members present and voting.

(c) If the board's vote in an appeal is a tie vote of those members present and voting, the administrator's decision is affirmed.

History: In effect before 10/21/83, Register 93; am 9/27/96, Register 150

Authority: AS 39.35.040

AS 39.35.042

AS 39.35.522

Editor's note: Even though the additions of subsections (b) and (c) to 2 AAC 35.170 were effective 9/27/96, they were not published until Register 150, July 1999.

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