Title 2 . Administration

Chapter 50 . Public Information

Section 820. Hearings

2 AAC 50.820. Hearings

(a) If the commission, after considering a written summary under 2 AAC 50.815(d) , decides to hold a hearing, the staff of the commission shall send notice of the hearing by certified mail, return receipt requested, to the respondent and to the individual, if any, who filed an inquiry under 2 AAC 50.810. The staff shall send the notice at least 30 days before the hearing.

(b) The commission will set the time and place of a hearing with due regard and consideration for the convenience of the parties. The commission will consider a party's request for a change in the time or place of a hearing. The commission will, in its discretion, change the time and place of a hearing for good cause and with sufficient notice to the parties.

(c) At a hearing, the staff of the commission shall present the results of its investigation. During the hearing, the commission will not give the staff special consideration. The staff will be considered a party to the hearing.

(d) The only parties to a hearing are the respondent and the staff of the commission. The staff shall represent itself or an individual who made an inquiry under 2 AAC 50.810.

(e) A party has the right to present evidence and to be represented by an attorney.

(f) The commission will admit evidence as provided under AS 44.62.460 . In addition,

(1) a party may introduce a copy of documentary evidence if the original is not readily available; upon the request of a party, the commission will give the party the opportunity to compare the copy to the original, if the original is not lost;

(2) in the discretion of the commission, a nonparty may introduce a sworn written statement; the commission will give a party an opportunity to challenge, cross-examine, or rebut that statement; and

(3) a deposition or affidavit may be introduced if the deponent or affiant is unable to testify at a hearing.

(g) A deposition shall be taken according to AS 44.62.440 (a).

(h) Before the hearing, upon the request of the respondent during the regular business hours of an office of the commission, the commission will permit the respondent to inspect or to copy at cost information contained in the case file held by the staff of the commission, with the exception of internal staff memoranda and privileged information.

(i) At the discretion of the commission, all or part of the hearing may be conducted by telephone, audio or video teleconferencing, or other electronic means, if the parties have an opportunity to participate in the hearing while it is taking place.

(j) The hearing will be recorded and open to the public. If the hearing is conducted by telephone, audio or video teleconferencing, or other electronic means, the public notice of the hearing will designate at least one public access place.

(k) After the end of the hearing, the commission will issue a decision.

( l ) The commission will, in its discretion, reconsider its decision in accordance with AS 44.62.540 . A party who seeks reconsideration must file a written request for reconsideration with the commission within 10 days after the commission issues a decision. The request must state specific grounds for reconsideration. The commission will reconsider its decision if

(1) there was a substantial procedural error in the original proceeding;

(2) the commission acted without jurisdiction in the original proceeding;

(3) the original vote was based on fraud, misrepresentation, or a material mistake of fact or law; or

(4) new and relevant evidence has come to light.

(m) Contempt before the commission will be handled under AS 44.62.590 .

History: Eff. 7/20/95, Register 135

Authority: AS 24.60.220

AS 24.60.240

AS 24.60.250

AS 24.60.260