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(a) If the executive director certifies to the commission's chairperson that conciliation efforts are unsuccessful, the chairperson shall appoint at least three commissioners and one alternate to hear and decide the case. The chairperson may replace a hearing commissioner at any time before issuance of a final order.
(b) If the hearing commissioners determine that delay may be avoided or special expertise in the subject matter is required, they may appoint a qualified impartial hearing examiner with experience in the general practice of law to take evidence and rule on its admissibility at a hearing.
(1) Nothing in this section precludes the hearing commissioners from conducting a hearing jointly with the examiner, or from exercising the powers delegated to the examiner in this chapter.
(2) Repealed 7/3/96.
(3) Repealed 7/3/96.
(4) Repealed 7/3/96.
(5) Repealed 7/3/96.
(6) Repealed 1/2/2004.
(c) The hearing examiner may conduct a prehearing conference to hear motions as provided in 6 AAC 30.435, to establish a schedule for discovery, briefing, and exchange of witness lists, and to set the hearing date. The examiner shall permit prehearing briefs in all cases and allow posthearing briefs only for good cause shown, or by stipulation of the parties.
(d) Repealed 7/3/96.
(e) The original pleadings, motions, stipulations, briefs, and other documents must be filed with the examiner, and served on the parties.
(f) Repealed 7/3/96.
(g) The executive director, or the executive director's designee, may amend the complaint as a matter of right within 30 days after certification is made that conciliation efforts were not successful. The examiner will permit amendments to the complaint after that period only upon motion and a showing that it would be in the interests of justice to grant the motion.
(h) Repealed 7/3/96.
(i) The respondent shall file and serve an answer within 20 days after service of the complaint. The answer must fairly meet the substance of the complaint and must contain a general or specific admission or denial of the allegations in the complaint. If the respondent lacks knowledge or information, a statement of that lack has the effect of a denial. The answer must state any matter which is a defense. Any allegation in the complaint which is not denied or admitted in the answer will be considered admitted.
(j) Respondent shall file an answer to an amended complaint within 20 days after service of the amended complaint.
History: Eff. 12/7/63, Register 13; am 11/2/74, Register 52; am 6/6/75, Register 54; am 12/17/76, Register 60; am 1/14/77, Register 70; am 3/12/81, Register 77; am 7/3/96, Register 138; am 1/2/2004, Register 168
Authority: AS 18.80.050
Editor's note: 6 AAC 30.410(a) , (b), (g) and (j) were based on 6 AAC 30.060(b) , 30.055, 30.010(i) and 30.050 respectively before 3/12/81. The history note in this section contains the history of 6 AAC 30.060(b) , 30.055, 30.010(i) and 30.050 before 3/12/81.
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Last modified 7/05/2006