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- Alaska Statutes.
- Title 21. Insurance
- Chapter 6. The Director of Insurance
- Section 170. Witnesses, Evidence, and Contempt.
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Section 165. Immunity For Director and Others.
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Section 180. Hearings.
AS 21.06.170. Witnesses, Evidence, and Contempt.
- (a) With respect to the subject of an examination, investigation, or hearing being conducted by the director or an
examiner, if general written authority has been given the examiner by the director, the director or the examiner may
subpoena witnesses and administer oaths or affirmations and examine any person under oath, and may compel the
production of records, books, papers, contracts, and other documents by attachments, if necessary. If, in connection
with an examination of an insurer, the director desires to examine an officer, director, or manager who is then outside
this state, the director is authorized to conduct and to enforce by appropriate and available means an examination
under oath in another state or a territory of the United States in which the officer, director, or manager may then
presently be, to the full extent permitted by the laws of the other state or territory, this special authorization
considered. An administrative law judge from the office of administrative hearings (AS 44.64.010
) conducting a hearing under this title may, in the course of the hearing, exercise the powers granted to the director
under this subsection.
- (b) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court. Witness fees, mileage,
and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony shall be itemized,
and shall be paid by the person being examined if the person is found to have violated the law regarding the matter for
which the witness was subpoenaed, or shall be paid by the person, if other than the director, at whose request the
hearing is held.
- (c) Subpoenas of witnesses shall be served in the same manner as if issued from a court.
- (d) If a person disobeys or resists a lawful order of the administrative law judge or director, refuses to respond to a
subpoena, refuses to take oath or affirmation as a witness, refuses to be examined, or is guilty of misconduct at a
hearing or so near the hearing as to obstruct the proceeding, the administrative law judge or director shall certify
the facts to the superior court where the hearing is held, and, upon certification, the court shall issue an order
directing the person to appear before the court and show cause why the person should not be punished for contempt.
- (e) [Repealed, Sec. 22 ch 149 SLA 1984].
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