Title 3 . Commerce, Community, and Economic Development

Chapter 48 . Telecommunications

Section 155. Rights and obligations of parties

3 AAC 48.155. Rights and obligations of parties

(a) Unless a party's rights are expressly limited by commission order, or a party or the party's authorized representative waives any right or rights, each party to an adjudicative proceeding has the right to

(1) make an opening statement;

(2) present an affirmative or direct case;

(3) cross-examine witnesses of other parties and public witnesses;

(4) object to the introduction or exclusion of testimony or other evidence;

(5) argue points of law;

(6) make a closing statement;

(7) submit timely briefs; and

(8) exercise all other rights commonly and ordinarily accruing to parties in administrative adjudicative proceedings, including, but not limited to, the right of discovery.

(b) Unless otherwise ordered, directed, or excused by the commission, a party to a proceeding has the duty or obligation to

(1) respond to discovery;

(2) meet all filing deadlines prescribed by the commission in a timely manner;

(3) attend and participate fully in hearings or pre-hearing conferences, or other proceedings at the time scheduled by the commission;

(4) be prepared to go forward with the presentation of its affirmative or direct case or with the examination or cross-examination of witnesses in a timely, reasonable, and professional manner;

(5) produce, in a timely manner, the documents, information or other data or materials required or requested by the commission;

(6) share in proportion, and timely pay, any costs allocated by the commission under AS 42.05.221 , 42.05.401(b), 42.05.651 or AS 42.06.610 , and 3 AAC 48.157.

(c) Unless otherwise ordered, directed, or excused by the commission, failure to meet or comply with commission requirements established by statute, regulation, or order may result in the forfeiture of any or all of a party's rights.

History: Eff. 6/29/84, Register 90

Authority: AS 42.05.141

AS 42.05.151

AS 42.05.221

AS 42.05.401

AS 42.05.651

AS 42.06.140 (a)

AS 42.06.610