Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 7 - Regulatory Commission of Alaska
Chapter 48 - Practice and Procedure
Article 1 - Practice Before the Commission
3 AAC 48.100 - General requirements of filings

Universal Citation: 3 AK Admin Code 48.100

Current through February 27, 2024

(a) Pleadings before the commission shall be classified and designated as an application, complaint, cross-complaint, petition, protest, answer, reply or motion.

(b) In the order listed below, each pleading shall include

(1) the heading and caption (including the names of the parties and the docket number, if known);

(2) the allegations or statements of fact and law set forth in numbered paragraphs;

(3) the prayer or request of the party filing the pleading;

(4) the signature and execution of the pleading;

(5) the verification in compliance with applicable state law, including AS 09.63, when necessary; and

(6) the proof of service.

(c) Each pleading shall contain the heading "BEFORE THE REGULATORY COMMISSION OF ALASKA." The exact caption and docket number assigned by the commission, if known, shall be inserted immediately below the heading in every pleading filed after the date that the proceeding is docketed. This caption, when known, shall be followed by a brief description of the desired order, authorization, permission, or certificate, followed by a word designating the title of the document (e.g., the heading of a complaint shall designate the title of the document as a "COMPLAINT" and the heading of an answer shall set forth the title as "ANSWER"). The name of the party filing the pleading must be stated in the caption if the docket number is not known. Space must be left to the right of the caption for the insertion of the docket number by the commission in the event the pleading does not contain the docket number. The name of the complainant shall be followed by the word "COMPLAINANT"; the name of the respondent named in a complaint shall be followed by the word "RESPONDENT"; the name of an applicant shall be followed by the word "APPLICANT"; etc.

(d) The numbered paragraphs of each pleading shall contain

(1) correct citations to the law, rules, regulations or orders that govern the subject of the pleading;

(2) a complete and detailed statement of all facts and circumstances pertinent to the pleading, together with a correct reference to each appendix (designated as appendix "A," appendix "B," etc.) that is submitted in support of the pleading; and

(3) a statement as to the form of organization of the pleading party (e.g., private corporation, municipal corporation; incorporated borough, partnership, incorporated association, unincorporated association, joint-venture, individual, individual proprietorship, etc.) and, when applicable, the date of organization and the term or duration of the organization (e.g., 50 years, perpetual, etc.).

(e) The numbered paragraphs of a pleading shall be followed by the prayer which shall be a concise and complete statement of all relief sought by the pleader. The prayer should be brief, but should be complete to the end that an order granting the prayer would include all of the relief desired and requested by the pleader.

(f) The original of each pleading filed with the commission must be personally signed in ink, or in accordance with 3 AAC 48.095(h), by any one of the following:

(1) the party making the pleading or by each of the parties, if there is more than one party;

(2) an authorized official of the party;

(3) a co-partner of a partnership;

(4) an authorized officer or full-time employee of a corporation;

(5) an authorized bona fide officer or full-time employee of an unincorporated association; or

(6) the party's attorney or authorized representative.

(g) Beneath the signature of every attorney of record, party, or other person appearing on a filing, there must be typed, stamped, or printed the person's name and, for initial proceedings, the person's mailing address, telephone number, and, if applicable, attorney bar number and electronic mail address. The correct legal name of an unrepresented party, or the firm name of a party's representative, who signs the filing must appear above the signature of the person signing the filing on behalf of that entity. The first filing of a party, and only the first, must

(1) set out the address of the party and, if the party is a corporation, association, or other organized group, the state in which, and the law under which, it is organized; and

(2) state the name, title, mailing address, and, if applicable, electronic mail address of the person to whom correspondence and communications are to be addressed.

(h) Notices, orders, and pleadings may be served on the person designated for service under (g) of this section in accordance with 3 AAC 48.090(b).

(i) All balance sheets, income statements, journal entries, and other accounting exhibits, reports or statements shall conform to the applicable uniform system of accounts prescribed by the commission.

(j) Pleadings must be legible. Handwritten pleadings may be single-spaced, but the text of pleadings that are typewritten must be double-spaced except for quotations, which must be single-spaced and may be indented. Any process of reproduction may be used, if every copy is clear and permanently legible. The first time that a person's name is mentioned in the body of a pleading, it must be stated accurately and completely. For example, if a corporation's legal name is "The ABC Corporation," it may not be designated as "ABC Corp." But if the pleading party wishes, for any reason, to abbreviate a name used repeatedly in a pleading, the abbreviation must be set out in parentheses immediately following the first time that the name is spelled out in full.

(k) The type and size requirements in 3 AAC 48.025 do not apply to an exhibit submitted as part of prefiled testimony under 3 AAC 48.153 or introduced at hearing under 3 AAC 48.154. However, the exhibit must be legible, and the exhibit must be folded to conform in size to 8-1/2 inches by 11 inches. Service must be completed under 3 AAC 48.090(b).

(l) A copy of each pleading in a proceeding shall be served by the filing party on every other party to the proceeding together with proof of service, under 3 AAC 48.090(b). The commission will serve its orders and notices in accordance with 3 AAC 48.090(b) (1)(A). The commission will post its orders on its website.

(m) An affidavit must be signed and notarized in ink. Unless otherwise ordered, the commission will not accept an electronic signature by an affiant or the affiant's notary on an affidavit filed under 3 AAC 48.095. However, the document may be scanned and submitted electronically after original signatures are applied. The filer shall retain the original notarized affidavit for inspection for the duration of the proceeding, including any appeals.

Authority:AS 42.05.141

AS 42.05.151

AS 42.05.451

AS 42.06.140

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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