11 AAC 39.850. Hearings

(a) The board will hold an oral hearing on an appeal of a director's decision or a request for reconsideration if material questions of fact must be resolved.

(b) Notice of the hearing in accordance with 11 AAC 39.031 will be given to persons known by the board to be affected by the appeal or request for reconsideration.

(c) The board will issue an order establishing the procedures to be followed in a particular case for the appeal of a director's decision or request for reconsideration, and ensure that due process is provided.

(d) In a hearing held under this section

(1) formal rules of evidence do not apply;

(2) testimony must be given under oath; and

(3) the hearing must be recorded, and will be transcribed at the request and expense of the person requesting the transcript.

(e) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

History: Eff. 10/27/2002, Register 164

Authority: AS 03.09.040

AS 03.10.020

AS 03.10.050

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.