12 AAC 12.840. Evidence

(a) Oral evidence may be taken only on oath or affirmation.

(b) The aggrieved person and the department may each

(1) call and examine witnesses;

(2) introduce exhibits, with the department using numbers and the aggrieved person using letters to identify exhibits;

(3) cross-examine opposing witnesses on matters relevant to the issues, even if an issue was not covered in the direct examination;

(4) impeach a witness regardless of which party first called the witness to testify;

(5) rebut any adverse evidence; and

(6) introduce evidence to rebut or support the presumption set out in As 43.70.075(r).

(c) If the aggrieved person does not choose to testify on direct examination, the aggrieved person may be called and examined as if under cross-examination.

(d) The administrative hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded.

History: Eff. 6/27/2004, Register 170

Authority: AS 43.70.075

AS 43.70.090

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.