18 AAC 15.240. Prehearing document exchange; witness lists

(a) Within 20 days after the certification of the agency decision record, each requestor shall serve on the hearing officer and all parties

(1) a complete and concise summary of the factual and legal assertions of error that the requestor will present at the hearing;

(2) the name, address, telephone number, and occupation of each witness whom the requestor intends to call at the hearing, the purpose of each witness's testimony, and, if a witness is to testify as an expert, the information and documents required by courts in this state for the disclosure of expert testimony; and

(3) copies of any real or documentary evidence that the requestor intends to introduce at the hearing, and the purpose of the introduction of that evidence.

(b) Within 20 days after the service of the matters specified in (a) of this section, each respondent shall serve upon each party

(1) the name, address, telephone number, and occupation of each witness whom the respondent intends to call at the hearing, the purpose of each witness' testimony, and, if a witness is to testify as an expert, the information and documents required by courts in this state for the disclosure of expert testimony; and

(2) copies of any real or documentary evidence that the requestor intends to introduce at the hearing, and the purpose of the introduction of that evidence.

(c) If a party is both a requestor and a respondent, that party shall serve the items required under (a) of this section as to those issues for which the party is a requestor, and shall serve the items required under (b) of this section as to those issues for which the party is a respondent.

(d) The hearing officer may not permit depositions, interrogatories, requests for admission, and requests for production unless stipulated to by the parties or unless the hearing officer finds good cause for the discovery. For purposes of this subsection, the hearing officer may find good cause upon a compelling showing by the proponent of the discovery that the proposed discovery is essential for a fair hearing in the context of the specific adjudication, will not cause undue delay, and will not unduly increase the cost of the adjudication. The hearing officer shall place appropriate limitations on any discovery allowed under this subsection.

History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.35.090 (e)

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.