6 AAC 25.450. Hearing

(a) At the request of the complainant, a hearing on the record will be conducted.

(b) The hearing will be conducted no later than 30 days after the director receives the complaint. At least 10 working days before the date of the hearing, the division will give notice of the date, time, and place of the hearing

(1) by mail, to the complainant, each named respondent, and any other interested person who has asked in writing to be advised of the hearing;

(2) on the division's Internet web site; and

(3) by posting in a prominent place, available to the general public, at the offices of the division.

(c) The complainant, any respondent, or any other interested person may appear at the hearing and testify or present tangible evidence in connection with the complaint. Each witness must be sworn. An interested person who is unable to appear at the hearing in person may present testimony by telephone or through a written statement, subject to the requirements of this subsection. The time for and content of testimony may be limited to ensure that all interested participants are able to present their views, to exclude irrelevant or repetitious testimony, and to ensure compliance with the time limits under 6 AAC 25.460 - 6 AAC 25.470 for a final determination. The hearing may be recessed and reconvened at a later date, time, and place announced publicly at the hearing.

(d) An attorney may represent a complainant or other person who testifies or presents evidence at the hearing.

(e) Cross-examination will be allowed, and a person may testify or present evidence to rebut any other testimony or evidence. The time for and content of cross-examination and rebuttal testimony may be limited to ensure that all interested participants are able to present their views, to exclude irrelevant or repetitious testimony, and to ensure compliance with the time limits under 6 AAC 25.460 - 6 AAC 25.470 for a final determination.

(f) At its own expense, the division will record the proceedings by tape or other electronic means. At its own expense, the division or any party may arrange to have a transcript prepared of the recording. Any transcript that the division obtains is part of the official record. If a party arranges for preparation of a transcript, the party must file it in order for the transcript to be included as part of the official record. A party or interested person may examine a transcript that is included as part of the official record.

(g) A party may file a written brief or memorandum within five working days after the conclusion of the hearing. Responsive or reply memoranda will not be accepted, except with specific authorization as the director, director's designee, or hearing officer determines necessary to make a determination on the complaint.

History: Eff. 8/29/2003, Register 167

Authority: AS 15.15.010

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