Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 121. Alternative dispute resolution procedures for appeals from resolution of an informal complaint

3 AAC 48.121. Alternative dispute resolution procedures for appeals from resolution of an informal complaint

(a) If a party to an informal complaint is not satisfied with the resolution of the complaint under 3 AAC 48.120, the party may request an investigation under this section of the issues addressed in the informal complaint rather than pursue a formal complaint under 3 AAC 48.130. The party requesting the action becomes the complainant in a formal proceeding under this section.

(b) The commission will not institute an investigation under this section except for good cause shown to the commission's satisfaction by the complainant.

(c) If the commission finds good cause to grant a request to institute an investigation under this section, the commission will, in its discretion, appoint a hearing officer, administrative law judge, mediator, or arbitrator to resolve the disputed issues.

(d) The hearing officer, administrative law judge, mediator, or arbitrator shall

(1) notice a hearing, mediation, or arbitration for a time and place convenient to all interested parties;

(2) hear all relevant evidence;

(3) record any testimony presented; and

(4) within 45 days after the close of the hearing, mediation, or arbitration issue a proposed decision resolving the complaint under investigation.

(e) A party has 20 days after issuance of a proposed decision under (d)(4) of this section to comment on the proposed decision. If a party disagrees with the proposed decision, the party shall list the findings or conclusions to which the party takes exception, the reasons why the party takes exception, and the portions of the record by title and page number that the party believes the commission must review in order to evaluate the party's comments. If a party agrees with the proposed decision, the party shall file a statement to that effect.

(f) The commission will consider the proposed decision and all comments received on the proposed decision and will issue an order accepting, modifying, or rejecting the proposed decision within 45 days after the comments required under (e) of this section are filed.

(g) The hearing officer, administrative law judge, mediator, or arbitrator, at the request of a party or on the hearing officer's, administrative law judge's, mediator's, or arbitrator's own motion, may certify a question to the commission for decision at any time during a proceeding if a novel or unsettled issue of law or policy is involved in the question or if a decision by the commission during the proceeding will simplify or shorten the proceeding. A copy of the certification must be served on all parties. The hearing officer, administrative law judge, mediator, or arbitrator shall set a schedule for briefing the question to the commission, giving consideration to the elements contained in 3 AAC 48.160. The commission will, in its discretion, decide the question or decline to consider it. If the commission does not act within 10 days after the filing of the last brief on the question, unless that time is extended by the commission, the question is considered to have been declined.

History: Eff. 5/5/2000, Register 154

Authority: AS 42.04.050

AS 42.04.070

AS 42.04.080

AS 42.05.141

AS 42.05.151

AS 42.05.171

AS 42.06.055

AS 42.06.140