6 AAC 25.460. Final determination

(a) If the complainant has not requested a hearing under 6 AAC 25.450, the director will review the record and determine whether, under a preponderance of the evidence standard, a violation of 42 U.S.C. 15481 - 15485 has been established. If a division employee has been designated or hearing officer has been appointed under 6 AAC 25.440(a) (2) or (a)(3), that person shall review the record and prepare a proposed determination as to whether a violation of 42 U.S.C. 15481 - 15485 has been established, based upon a preponderance of the evidence standard. After review of the record, the director will adopt the proposed determination as the final determination, adopt the proposed determination with modifications as the final determination, or reject the proposed determination.

(b) After any hearing conducted under 6 AAC 25.450, and after the submission under 6 AAC 25.450(g) of any written briefs or memoranda, the director will determine under a preponderance of the evidence standard whether a violation of 42 U.S.C. 15481 - 15485 has been established. If a division employee has been designated or hearing officer has been appointed under 6 AAC 25.440(a) (2) or (a)(3), that person shall review the record and prepare a proposed determination as to whether a violation of 42 U.S.C. 15481 - 15485 has been established, based upon a preponderance of the evidence standard. After review of the record, the director will adopt the proposed determination as the final determination, adopt the proposed determination with modifications as the final determination, or reject the proposed determination.

(c) For any violation established under this section, the director will provide a remedy directed to the improvement of procedures that are subject to 42 U.S.C. 15481 - 15485. As part of the remedy, the director may include an order requiring any respondent to take specified action, or prohibiting any respondent from taking specified action, with respect to a past or future election. However, the director will not award money damages, attorney fees, or costs as part of a remedy.

(d) If the complaint is not timely, or if the director determines that a violation has not occurred or that the evidence is insufficient to establish a violation, the director will dismiss the complaint.

(e) The director will explain in a written decision the reasons for a determination and for any remedy selected.

(f) Except as specified in 6 AAC 25.470, a final determination under (a) or (b) of this section will be issued within 90 days after the complaint was filed, unless the complainant consents in writing to an extension. However, if a hearing officer is appointed under 6 AAC 25.440(a) (3), the hearing officer shall present a proposed determination to the director within 120 days after the complaint was filed, and the director will issue a final determination within 150 days after the complaint was filed. The final determination will be mailed to the complainant, each respondent, and any other interested person who has asked in writing to be advised of the final determination. It will also be posted on the division's Internet web site and made available on request to any interested person.

(g) Except as described in (f) of this section, if a final determination under (a) or (b) of this section is not or cannot be made within 90 days after the complaint was filed, or within any extension to which the complainant consents, the complaint will be referred for final resolution under 6 AAC 25.470. The record compiled under 6 AAC 25.440(c) will be made available for use under 6 AAC 25.470.

(h) The final determination under (a) or (b) of this section constitutes the final decision of an administrative agency under AS 22.10.020 (d), for which review may be sought under the Alaska Rules of Appellate Procedure.

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

Authority: AS 15.15.010

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