11 AAC 114.380. General hearing procedures on petitions

(a) The office shall conduct a hearing on a petition that meets the requirements of 11 AAC 114.375(b) .

(b) The commissioner will appoint a department employee or departmental contractor as hearing officer to conduct a petition hearing. The hearing officer shall convene the hearing within 60 days after a petition under 11 AAC 114.375 is submitted to the office. The parties to the hearing are the petitioner and the district whose plan is the subject of the petition. The parties and the hearing officer may agree to a reasonable time extension for convening the hearing.

(1) the hearing may be conducted by teleconference;

(2) testimony must be given under oath;

(3) the burden of proof is on the petitioner;

(4) the hearing officer may allow admission of material evidence of the type on which a reasonable person might rely in the conduct of serious business affairs; and

(5) formal rules of evidence need not apply.

History: Eff. 7/1/2004, Register 170

Authority: AS 46.39.010

AS 46.39.030

AS 46.39.040

AS 46.40.100

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