Title 20 . Miscellaneous Boards and Commissions

Chapter 5 . Mental Health Trust Authority

Section 1870. Show cause proceedings

20 AAC 05.1870. Show cause proceedings

(a) A show cause proceeding under AS 16.43.960 is subject to the provisions of 20 AAC 05.1800 - 20 AAC 05.1865 except as specified in AS 16.43.960 and this section.

(b) A show cause proceeding under AS 16.43.960 may be initiated by a commissioner or the commission's designee. A show cause proceeding is initiated by the issuance of a notice to show cause as set forth in AS 16.43.960 .

(c) A notice to show cause must be served upon the respondent personally, or by certified or registered mail at least 60 days in advance of the date of hearing.

(d) A respondent must file a response to the notice to show cause with the hearing officer within 30 days after the date of the notice to show cause. In the response, the respondent must admit or deny each of the allegations contained in the notice to show cause and, for each allegation denied, must set out a short and plain statement of the respondent's basis for denial. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent may so state; the statement has the effect of denying the allegation. Failure to deny an allegation constitutes an admission of the allegation.

(e) Unless otherwise ordered by the hearing officer, any defense, objection, or request that is capable of determination before hearing, may be raised before hearing by motion, but the following must be raised in writing and filed with the hearing officer at least 30 days before a prehearing conference or, if no prehearing conference is scheduled, 30 days before the hearing:

(1) a defense or objection based on a defect in the institution of the proceeding;

(2) a defense or objection based on a defect in the notice to show cause;

(3) a request to suppress or exclude evidence;

(4) a request to sever or join allegations or respondents;

(5) a request for discovery, issuance of a subpoena, or taking of a deposition;

(6) a request for change of venue.

(f) Failure of a party to timely raise a defense or objection or to make a request that must be made before hearing constitutes a waiver of the defense or objection, but the hearing officer, for good cause shown, may grant relief from such a waiver.

(g) In its discretion, the commission will, upon its own motion or upon the written request of a party, affirm, modify, or reverse a hearing officer's ruling on a request for a subpoena or other matter. A party must file its written request with the commission no later than 14 days following the hearing officer's ruling, and no later than 14 days before the hearing.

(h) The hearing will be conducted before a quorum of the commission and will be presided over by a hearing officer who will rule on the presentation of evidence and other procedural matters.

(i) The commission, in its discretion and upon its own motion, or upon request of a party at hearing, will modify or reverse the hearing officer's ruling on a procedural or evidentiary matter made during the hearing.

(j) The affidavit in support of a notice to show cause is not evidence of record in a contested case unless it is offered and accepted into evidence.

(k) If the commission finds cause for the revocation of an entry permit or interim-use permit, the commission will, in its discretion, suspend the use of the permit for a fixed period of time. The commission's order to suspend a permit is automatically stayed until administrative and judicial remedies afforded the permit holder have been exhausted. A permit that is suspended or is subject to a stayed order of suspension may not be permanently transferred until the suspension has expired or is removed.

History: Eff. 6/5/83, Register 86; am 5/20/90, Register 114

Authority: AS 16.43.100

AS 16.43.110

AS 16.43.960