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 48.121 - Alternative dispute resolution procedures
Current through February 27, 2024
(a) A person may request alternative dispute resolution by petition if no adjudicatory proceeding is open, or by motion in an existing adjudicatory proceeding. An initiating order in an adjudicatory proceeding will specify the date by which a motion for alternative dispute resolution must be filed.
(b) Except for a dispute over an initial interconnection agreement filed under 47 U.S.C. 252 (Telecommunications Act of 1996), a telecommunications carrier may submit any dispute with another telecommunications carrier to the commission for resolution under this section.
(c) A petition or motion requesting alternative dispute resolution must contain
(d) A petition for alternative dispute resolution must be served on those persons that will be involved in the alternative dispute resolution process. A motion in an existing adjudicatory proceeding must be served on all parties.
(e) A person served with a petition for alternative dispute resolution may file a response within 30 days after the date the petition is filed. A party served with a motion for alternative dispute resolution may file a response within 10 days after the date the motion is filed. The commission may order a person opposing alternative dispute resolution to participate in a one-day mediation session. A person opposing alternative dispute resolution is not
(f) In determining whether a matter is suitable for alternative dispute resolution, the commission will consider the
(g) If the commission determines the matter is suitable for alternative dispute resolution, the commission will issue an order directing that the alternative dispute resolution proceeding be held and establishing guidelines for the proceeding. The participants may select the individual who will conduct the alternative dispute resolution proceeding and must notify the commission of their selection. If the individual selected is an administrative law judge, the commission will appoint the administrative law judge by order.
(h) The person assigned or appointed to conduct the alternative dispute resolution proceeding
(i) A schedule adopted under (h)(1) of this section must allow the commission 30 days to consider and rule upon the proposed resolution of disputed issues. The commission will issue its decision within 30 days, unless it extends the time for good cause. The commission may accept or reject the proposed resolution of the dispute or may require additional proceedings.
(j) A participant in an alternative dispute resolution proceeding may withdraw from the proceeding by filing a notice of withdrawal with the commission. The notice must be served on all participants in the alternative dispute resolution proceeding and all parties in the underlying adjudicatory proceeding, if any. If a notice of withdrawal is filed by a participant in an alternative dispute resolution proceeding, the commission may reevaluate the suitability of the matter for alternative dispute resolution under (f) of this section.
(k) Evidence of conduct or statements in an alternative dispute resolution proceeding is not subject to discovery and is not admissible in adjudicatory proceedings before the commission.
(l) If a proposed resolution achieved through alternative dispute resolution is not accepted by the commission, any evidence of comments or statements made on that proposed resolution is not admissible in adjudicatory proceedings before the commission.
(m) The participants may use commission meeting or hearing rooms for alternative dispute resolution, subject to commission priorities.
(n) The commission may assess participants a share of the costs of the alternative dispute resolution proceeding.
(o) If a party to an informal complaint is not satisfied with the resolution of the complaint under 3 AAC 48.120, the party may request alternative dispute resolution of the issues addressed in the informal complaint rather than pursue a formal complaint under 3 AAC 48.130. The commission may order alternative dispute resolution after evaluating the factors stated in (f) of this section and the ability of each party to effectively participate in alternative dispute resolution.
(p) In this section, "alternative dispute resolution"
Authority:AS 42.04.050
AS 42.04.070
AS 42.04.080
AS 42.05.141
AS 42.05.151
AS 42.06.055
AS 42.06.140