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(a) When a notice of contest is filed in accordance with 8 AAC 61.150, the board shall conduct a full and impartial hearing.
(b) During the course of the proceedings in a contested case, the board may
(1) administer oaths and affirmations;
(2) hold conferences for the settlement or simplification of the issues by consent of the parties;
(3) make, or cause to be made, an inspection of the place of employment involved; and
(4) issue subpoenas to compel the attendance of witnesses and the production of records.
(c) During the course of the proceedings in a contested case, the board shall
(1) rule upon offers of proof and receive relevant evidence;
(2) rule upon discovery requests and determine their scope;
(3) regulate the course of the hearing and the conduct of the parties and their counsel; and
(4) consider and rule upon procedural requests.
(d) A board member may not discuss the merits of any pending matter with any person or party unless notice and an opportunity to participate is given to all parties.
(e) A board member may disqualify himself or herself from participating in a hearing by giving notice to the remaining board members.
(f) A party may request disqualification or removal of a board member. The party shall file with the board a motion requesting disqualification or removal of a board member. A motion to disqualify must be supported by an affidavit setting forth the reasons why the board member should be disqualified from participating or continuing to participate in the proceedings. The challenged board member may not vote on the motion. The motion to disqualify will be granted only if both of the other board members vote to disqualify the challenged board member.
(g) A quorum of the board consists of two members. If only two board members hear a case and, after deliberation, are unable to reach a decision, the absent board member shall review the entire record and shall deliberate with the other board members to reach a decision in the case.
(h) The board may authorize a hearing officer to preside over contested cases, including ruling on prehearing motions, discovery disputes, and procedural requests, issuing subpoenas, regulating the course of the hearing, ruling on evidentiary matters, preparing decisions and orders for the board's review and performing other acts requested by the board.
History: Eff. 1/10/75, Register 53; am 1/4/78, Register 64; am 12/2/94, Register 132
Authority: AS 18.60.020
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Last modified 7/05/2006