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(a) The examiner shall admit and give probative effect to evidence that is admissible in the superior court. The examiner shall admit and weigh other evidence on which reasonable persons are accustomed to rely in the conduct of their serious affairs. The examiner shall give effect to the rules of privilege recognized by civil law. The examiner shall exclude unreliable, irrelevant, and unduly repetitious evidence.
(b) The commission staff will not disclose the identity of a person who has in confidence furnished information relating to or assisting in an investigation under this chapter, unless the examiner finds that
(1) the identity of the person who furnished the information has been disclosed; or
(2) disclosure of his or her identity is essential to assure a fair determination of a material issue.
(c) A party may introduce an affidavit as evidence at a hearing if the party serves a copy of the affidavit at least 10 days before the hearing. The affidavit must be accompanied by a notice of intent to introduce the affidavit into evidence at the hearing and must notify the opposing party that he or she has seven days in which to request cross-examination. Unless the opposing party serves the proponent with a request to cross-examine an affiant within seven days after service of the affidavit, his or her right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, will be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not given after request for it is made, the affidavit may only be used to supplement or explain direct testimony and is not sufficient by itself to support a finding.
History: Eff. 6/6/75, Register 54; am 12/17/76, Register 60; am 3/12/81, Register 77
Authority: AS 18.80.050
Editor's note: This section was based on 6 AAC 30.055(a) before 3/12/81. The history note in this section contains the history of 6 AAC 30.055(a) before 3/12/81.
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Last modified 7/05/2006