2 AAC 80.020. Hearings

(a) If the board's decision was rendered without a hearing, the claimant may, within 30 days after receipt of the decision, make request for a hearing. When issuing its decision, the board will notify the claimant of the claimant's right to a hearing.

(b) When a hearing is ordered, notice of the hearing, giving the time, date, and place set by the board, will be sent to the claimant or the claimant's attorney by registered mail no less than 20 days before the date on which the hearing is scheduled.

(c) The four cities regularly designated by the board as hearing sites are Anchorage, Fairbanks, Juneau, and Ketchikan. The most proximate and convenient site will be assigned each application for which a hearing is set. Hearings will be held in outlying areas when attendance of the claimant and witnesses would be prohibitive due to their financial circumstances and subject to the request of the claimant or the claimant's attorney before the scheduling of a hearing in one of the designated sites.

(d) Hearing proceedings will be recorded in full on magnetic tape or cassette recording equipment.

(e) Whenever the board is required to use its power of subpoena to secure the attendance of any person, the person so summoned will be allowed a reasonable time to arrange for that person's attendance. A reasonable period of time for preparation and submittal will be granted as well to the individual or agency responsible for the submission of additional pertinent documents subpoenaed by the board. In any case, subpoenas will be served no less than 14 days before the hearing date.

(f) Throughout the claim procedure the claimant may be, but is not required to be, represented by legal counsel. Additionally, witnesses called for the hearings or voluntarily wishing to give evidence may be represented by legal counsel.

(g) Hearings are open to the public unless the board, on the request of the claimant or the claimant's attorney, or on its own motion, limits attendance to those persons necessary to the proceedings as permitted by AS 44.62.310 (c)(2) and (d).

(h) A hearing officer, licensed to practice law in the state, will be appointed to preside at hearings when the board is unable to do so. Within a reasonable period of time after a hearing at which a hearing officer presided, the hearing officer shall report the hearing officer's findings of fact and conclusions of law, together with the reasons for them, to the board. The board may request a personal narrative from the hearing officer if such a narrative would be helpful in making a determination on a claim.

History: Eff. 6/30/73, Register 46; am 12/20/75, Register 56

Authority: AS 18.67.040

AS 18.67.060

Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 13 AAC 80.020 to 2 AAC 80.020, to reflect Executive Order 109 (2003). Executive Order 109 relocated the Violent Crimes Compensation Board from the Department of Public Safety to the Department of Administration. The history note for 2 AAC 80.020 carries forward the history from former 13 AAC 80.020. In addition, the regulations attorney made technical changes in 2 AAC 80.020.

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