6 AAC 25.470. Alternative dispute resolution through a hearing officer

(a) If a hearing officer has not already been appointed under 6 AAC 25.440(a) (3), and if the director has not made a final determination within 90 days after the complaint was filed, or within any extension to which the complainant consents under 6 AAC 25.460(f) , the director will appoint a hearing officer from outside the division to review or hear the complaint, and to prepare a proposed determination for the director's consideration. The hearing officer may not be, and may not have been, directly involved in the actions or events that are the subject of the complaint.

(b) The hearing officer shall review the record compiled in connection with the complaint, including the tape or electronic recording of any hearing, any transcript of a hearing, and any briefs or memoranda. As necessary to prepare a proposed determination, the hearing officer may request that the parties present additional briefs or memoranda.

(c) After review of the record and any additional briefs or memoranda requested under (b) of this section, the hearing officer shall 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. The hearing officer shall present the proposed determination to the director within 120 days after the complaint was filed. 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. 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.

(d) The final determination under (c) 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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