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(a) A respondent may be represented by counsel. If counsel for a party notifies the division, in writing, that counsel is appearing in the matter on behalf of the party, service of notices, memoranda, recommendations, or other documents, will be considered sufficient if made on the party or counsel or both.
(b) The division will give notice to the respondent of the time and place of the hearing on an alleged violation under 8 AAC 90.185 by certified mail or by personal service at least 15 days before the hearing. The notice will contain a summary of investigative findings that will be considered at the hearing. Service to the current address a respondent has provided to the division for a certificate of fitness shall be considered valid service.
(c) The location of any oral hearing will be designated by the division considering the convenience of all persons involved. All hearings are public.
(d) The director will designate 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 director's decision.
(e) The hearing officer has full authority to control the procedure of the hearing and to rule on all motions and objections.
(f) The hearing officer may admit any relevant evidence, regardless of the existence of any common law or statutory or court rule which might make the admission of the evidence over objection improper in civil actions, if it is 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. The hearing officer may issue subpoenas at the request of either party or on the hearing officer's own motion.
(g) Evidence must be given under oath or affirmation. If an oral hearing is held, a record of the proceedings will be kept.
(h) The hearing officer, respondent, and complainant may
(1) call and examine witnesses;
(2) cross-examine opposing witnesses on any matter relevant to the issue at hand, even if that matter was not covered in direct examination; and
(3) introduce exhibits.
(i) If the respondent does not testify on the respondent's own behalf, the respondent may be called and examined as if under cross-examination.
(j) 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.
(k) The department has the burden of proving that the alleged violations have occurred. The standard of proof required is by a preponderance of the evidence.
History: Eff. 12/25/98, Register 148
Authority: AS 18.62.040
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Last modified 7/05/2006