8 AAC 25.010. Investigative hearings

(a) In cases where the director considers an investigative hearing on a claim assigned under AS 23.05.220 to be appropriate, the director shall determine the time and place of the hearing and deliver or mail a notice of hearing to the claimant, respondent, and any interested party at least 15 days before the hearing.

(b) Notice of the hearing must include claimant's statement of facts regarding the claim and specify the regulations and statutes the respondent is alleged to have violated.

(c) The location of the hearing must be designated by the director with due regard for the convenience of all parties involved. All hearings are public.

(d) The respondent may be represented by counsel. If counsel notifies the division, in writing, that counsel is appearing in the matter on behalf of the respondent, service of notice, memoranda, recommendations, or other documents will be considered sufficient if made on the party, or counsel, or both.

(e) The director shall appoint a hearing officer to preside over the hearing and to make findings of fact and conclusions of law to be used as a basis for the hearing officer's decision. An investigator who has investigated the claim may not be appointed hearing officer.

(f) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.

(g) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule which might make improper the admission of such evidence over objection in civil actions, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(h) Oral evidence must be given under oath or affirmation. A record of the proceedings will be kept.

(i) At the request of the respondent or upon the hearing officer's own motion, the hearing officer may order the taking of depositions and affidavits relevant to the proceeding and may issue subpoenas to compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, evidentiary documents or other evidence at a deposition or the hearing.

(j) At the hearing, the hearing officer, respondent, and claimant may

(1) call and examine witnesses;

(2) cross-examine opposing witnesses on any matter relevant to the issue at hand even though that matter was not covered in direct examination; and

(3) introduce exhibits.

(k) If the respondent or claimant does not testify in the respondent's or claimant's own behalf, that person may be called and examined as if under cross-examination.

( l ) The hearing officer may, for good cause shown, continue a hearing from day to day or recess it to a later date or to a different place by announcement at the hearing or by notice.

History: Eff. 5/18/78, Register 66; am 4/29/99, Register 150

Authority: AS 23.05.060

AS 23.05.200

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