Alaska Administrative Code
Title 17 - Transportation and Public Facilities
Chapter 90 - Division of Measurement Standards
Article 7 - Appeals
17 AAC 90.830 - Hearing

Universal Citation: 17 AK Admin Code 17 AAC 90.830

Current through August 30, 2024

(a) If the director does not grant the relief sought under 17 AAC 90.820, an aggrieved party may request a formal hearing on the decision of the director under this section.

(b) A request for hearing under this section must be in writing and must be received by the commissioner no later than 15 days after the date an aggrieved party received the decision under 17 AAC 90.820. A request must set out

(1) the list of exhibits the aggrieved party intends to introduce at the hearing;

(2) the names of persons to be called as witnesses at the hearing; and

(3) whether the aggrieved party will be represented by counsel.

(c) Except as provided in (i) of this section, within 10 days after receipt of the request for hearing made under (a) and (b) of this section, the commissioner will appoint a hearing officer to render a recommended decision to the commissioner.

(d) Within 15 days after the receipt of an appeal, the hearing officer will establish a date by which the department will provide to the aggrieved party a list of exhibits that the department intends to introduce, a list of persons that the department intends to call as witnesses, and a date, time, and place for the hearing. Unless all parties to the appeal agree to an alternate date, the hearing will be held within 60 days after the request made under (a) and (b) of this section is received by the hearing officer. The hearing officer may authorize formal or informal discovery if

(1) a party to the appeal requests discovery;

(2) discovery can be completed before the date of the hearing, unless all parties to the appeal agree to an alternate date; and

(3) the hearing officer determines that discovery is necessary for the fair and orderly conduct of the hearing.

(e) The hearing shall be recorded and shall be conducted according to the following rules of evidence:

(1) oral evidence shall be taken only on oath or affirmation;

(2) each party or party's counsel, but not both, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues even though those matters were not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against that party;

(3) the hearing need not be conducted according to technical rules relating to evidence and witnesses; however, relevant evidence may be admitted if it is the sort of evidence that responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action; hearsay evidence may be used to supplement or explain direct evidence, but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action; the rules of privilege are effective to the same extent that they are recognized in a civil action; irrelevant and unduly repetitious evidence may be excluded; and

(4) the burden of proof is on the party making the appeal; the burden of persuasion is by a preponderance of the evidence.

(f) The hearing officer shall make a recommended decision to the commissioner in the form set out in AS 44.62.510 within 21 days after the close of the record of the hearing. The commissioner may adopt, modify, reject, or request clarification of a recommended decision or remand the matter to the hearing officer with instructions.

(g) The commissioner will notify an aggrieved party, within 10 days that the commissioner has rendered a final decision on the merits of an appeal, by certified mail, return receipt requested, including findings of fact and reasons for the ruling.

(h) Expenses incurred by an aggrieved party with respect to a hearing are the sole responsibility of the aggrieved party.

(i) Within 10 days after an appeal under (a) or (b), the commissioner may adopt the decision of the director as the department's final decision without a hearing.

Authority:AS 45.75.040

AS 45.75.050

AS 45.75.070

AS 45.75.080

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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