Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 15 - Administrative Procedures
Article 6 - Administrative Appeal Procedures
18 AAC 15.234 - Administrative law judge
Universal Citation: 18 AK Admin Code 18 AAC 15.234
Current through August 30, 2024
(a) Under AS 44.64.030, an administrative law judge will conduct
(1) an adjudicatory hearing granted by the
commissioner under this chapter; or
(2) a hearing granted by the commissioner
under this chapter on the existing record and on written briefs.
(b) The commissioner may designate
(1) the office of administrative hearings to
make a recommended or final decision on whether to grant or deny a request for
a stay of decision under 18 AAC 15.210;
(2) a department employee to make a final
decision on a recommendation by the office of administrative hearings to grant
or deny an adjudicatory hearing request under 18 AAC 15.200; or
(3) a department employee or the office of
administrative hearings to make a final department decision after hearing by
the office of administrative hearings as provided in AS 44.64.060(e).
(c) A department employee designated under (b) of this section
(1) may
not have been substantively involved in the contested decision;
(2) shall be impartial with respect to the
subject of the contested decision;
(3) if a public officer within the meaning of
AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that
chapter; and
(4) if an attorney,
shall comply with applicable rules of professional conduct.
(d) If the commissioner designates another individual to act as a designee under (b) of this section, the commissioner will serve notice at the time of the designation to the parties.
Authority: AS 46.03.020
AS 46.03.100
AS 46.03.110
AS 46.03.330
AS 46.03.720
AS 46.03.880
AS 46.04.030
AS 46.04.120
AS 46.04.890
AS 46.14.150
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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