8 AAC 45.065. Prehearings

(a) After a claim or petition has been filed, a party may file a written request for a prehearing, and the board or designee will schedule a prehearing. Even if a claim, petition, or request for prehearing has not been filed, the board or its designee will exercise discretion directing the parties or their representatives to appear for a prehearing. At the prehearing, the board or designee will exercise discretion in making determinations on

(1) identifying and simplifying the issues;

(2) amending the papers filed or the filing of additional papers;

(3) accepting stipulations, requests for admissions of fact, or other documents that may avoid presenting unnecessary evidence at the hearing;

(4) limiting the number of witnesses, identifying those witnesses, or requiring a witness list in accordance with 8 AAC 45.112;

(5) the length, filing, and date for service of legal memoranda if different from the standards set out in 8 AAC 45.114;

(6) the relevance of information requested under AS 23.30.107 (a) and AS 23.30.108 ;

(7) petitions to join a person;

(8) consolidating two or more cases, even if a petition for consolidation has not been filed;

(9) the possibility of settlement or using a settlement conference to resolve the dispute;

(10) discovery requests;

(11) the closing date for discovery;

(12) the closing date for serving and filing of video recordings, audio recordings, depositions, video depositions, or any other documentary evidence; the date must be at least two state working days before the hearing;

(13) whether a party intends at the time of hearing to seek recusal of a board member, in accordance with AS 44.62.450 (c), from participating in the hearing;

(14) whether a party's opening and closing arguments, including a statement of the issues, at the hearing should be longer than permitted by 8 AAC 45.116; or

(15) other matters that may aid in the disposition of the case.

(b) The designee will, in the designee's discretion, conduct prehearings or settlement conferences without the presence of the board members.

(c) After a prehearing the board or designee will issue a summary of the actions taken at the prehearing, the amendments to the pleadings, and the agreements made by the parties or their representatives. The summary will limit the issues for hearing to those that are in dispute at the end of the prehearing. Unless modified, the summary governs the issues and the course of the hearing.

(d) Within 10 days after service of a prehearing summary issued under (c) of this section, a party may ask in writing that a prehearing summary be modified or amended by the designee to correct a misstatement of fact or to change a prehearing determination. The party making a request to modify or amend a prehearing summary shall serve all parties with a copy of the written request. If a party's request to modify or amend is not timely filed or lacks proof of service upon all parties, the designee may not act upon the request.

(e) The board or designee may set a hearing date at the time of the prehearing. The board or designee will set the hearing for the first possible date on the board's hearing calendar unless good cause exists to set a later date. The primary considerations in setting a later hearing date will be whether a speedy remedy is assured and if the board's hearing calendar can accommodate a later date.

(f) The designee may conduct more than one prehearing on a claim or petition.

(g) A party may audio record the prehearing at the party's expense. If a party audio records the prehearing and transcribes the recording, the party must file a copy of the recording and a certified transcript with the board and serve a copy upon the opposing party at least 10 days before a scheduled hearing. If a party fails to timely file the copy of the audio recording and a certified transcript, the board will exclude the transcript or audio recording from the evidence considered in making its decision.

History: Eff. 5/28/83, Register 86; am 7/20/97, Register 143; am 7/2/98, Register 146; am 2/3/2001, Register 157

Authority: AS 23.30.005

AS 23.30.110

AS 23.30.135

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