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(a) Unless the hearing officer orders otherwise, the sequence of argument, examination, and summation must conform to the prehearing order. The hearing officer may administer oaths and affirmations and certify official acts. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues, even if that matter was not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut adverse evidence. The hearing officer may question a witness.
(b) In a multiparty proceeding, the hearing officer may limit cross-examination to one party on each side of an issue, if the hearing officer is satisfied that the cross-examination by one party will adequately protect the other parties. A party whose cross-examination is limited may engage in cross-examination as to matters not covered by previous cross-examination.
(c) Subject to 18 AAC 15.245 and (e) and (f) of this section, the hearing officer may admit any material evidence of the type on which a reasonable person might rely in the conduct of serious business affairs. The hearing officer may refuse to admit evidence that is unduly repetitious.
(d) The burden of proof and of going forward with the evidence is on the requestor.
(e) A party may not introduce or advance any issue, testimony, or real or documentary evidence at the hearing that was not disclosed under 18 AAC 15.240 or 18 AAC 15.250(b) (9). The hearing officer may waive this prohibition if the failure to previously disclose was due to
(1) surprise;
(2) newly discovered evidence that, by due diligence, could not have previously been discovered and disclosed; or
(3) fraud, misrepresentation, or other misconduct of a party.
(f) The prohibition in (e) of this section does not apply to evidence offered solely to rebut or impeach matters first disclosed under 18 AAC 15.25 0(b)(9).
(g) The hearing officer shall ensure that the proceedings at the hearing are electronically or stenographically reported.
(h) The hearing officer may require the submission of briefs and proposed findings of fact and conclusions of law after the close of the hearing if the hearing officer finds that they might aid in resolving the case.
History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163
Authority: AS 46.03.020
AS 46.35.090 (e)
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Last modified 7/05/2006