Title 6 . Governor's Office

Chapter 30 . Rules Governing Practice and Procedure Before the State Commission for Human Rights

Section 420. Class action complaint at hearing

6 AAC 30.420. Class action complaint at hearing

(a) A complaint may be maintained as a class action at a hearing.

(1) The executive director may maintain a complaint as a class action only by identifying the class with specificity and by showing that

(A) the class is so numerous that joinder of all members is impracticable;

(B) there are questions of law or fact common to the class; and

(C) the executive director will fairly and adequately protect the interests of the class.

(2) An individual may maintain a complaint as a class action only if the executive director determines that it is practicable and in the public interest to certify the complaint as a class action and the executive director can show that

(A) the class is so numerous that joinder of all members is impracticable;

(B) there are questions of law or fact common to the class;

(C) the claims of the complainant are typical of the claims of the class; and

(D) the complainant will fairly and adequately protect the interests of the class.

(b) An action may be maintained as a class action complaint if (a)(1) or (a)(2) of this section is satisfied, and

(1) the prosecution of separate actions by the individual members of the class would create a risk of

(A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or

(B) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other class members not parties to the adjudications or which would substantially impair or impede their ability to protect their interests;

(2) the party opposing the class has acted or refuses to act on grounds generally applicable to the class which makes final injunctive relief or corresponding declaratory relief appropriate for the entire class; or

(3) the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and a class action complaint is superior to other available methods for the fair and efficient adjudication of the controversy.

(c) The matters pertinent to a determination that the proposed class qualifies as a class under (b)(3) of this section include

(1) the interest of members of the class in individually pursuing the prosecution of separate administrative actions;

(2) the extent and nature of any litigation concerning the controversy before the action under this chapter is started;

(3) the desirability or undesirability of concentrating the litigation of the claims in the administrative hearing; and

(4) the difficulties which may be encountered in the management of a class action.

(d) The class and its members shall be identified and notified as follows:

(1) as soon as practicable after the examiner serves the complaint on the parties, the examiner shall determine whether the complaint is to be maintained as a class action; an order issued under this subsection is conditional and may be altered or amended before the decision on the merits;

(2) in any class action complaint maintained under (b)(3) of this section, the examiner shall give the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort;

(3) the findings of fact and conclusions of law in an action maintained as a class action under (b)(1) or (2) of this section must describe the members of the class; the findings of fact and conclusions of law in an action maintained as a class action under (b)(3) of this section must describe the members of the class who: (i) were notified as provided in (2) of this subsection, (ii) have not requested exclusion, and (iii) the hearing commissioners determine are members of the class; and

(4) when appropriate

(A) an action may be brought and maintained as a class action with respect to particular issues; or

(B) a class may be divided into subclasses and each subclass treated as a class.

(e) In the conduct of a class action under this section, the examiner may make orders which

(1) determine the course of proceedings or prescribe measures to prevent repetitious or complicated evidence or argument;

(2) protect the members of the class or provide for the fair conduct of the hearing by notifying the members of any stage of the hearing of the extent of the proposed order, and of the opportunity for members to object to the representation as unfair and inadequate or to otherwise come into the action;

(3) impose conditions on the parties;

(4) require the amendment of the complaint to eliminate allegations as to representation of absent class members, and that the action proceed without those absent class members; and

(f) An order issued under (e) of this section may be altered or amended by the examiner and is not a final decision of the hearing commissioners.

(g) A class action may not be dismissed or compromised without the approval of the hearing commissioners. Notice must be given to all members of the class as directed by the examiner before an order of dismissal or compromise takes effect.

(h) An order issued in accordance with AS 18.80.130 must describe those persons who are members of the class.

History: Eff. 1/14/77, Register 61; am 3/12/81, Register 77

Authority: AS 18.80.050

AS 18.80.060

AS 18.80.100

AS 18.80.120

AS 18.80.130

Editor's note: This section was based on 6 AAC 30.015 before 3/12/81. The history note to this section contains the history of 6 AAC 30.015 before 3/12/81.