Alaska Administrative Code
Title 6 - Governor's Office
Part 1 - Elections
Chapter 25 - Administration of Elections
Article 2 - Administrative Complaint Procedure for Violations of the Help America Vote Act of 2002
6 AAC 25.440 - Processing of complaint
Current through February 27, 2024
(a) To review a complaint that is filed without a request for hearing under 6 AAC 25.450(a), or to hear a complaint for which a hearing has been requested, the director will, if the director has not been directly involved in the actions or events that are the subject of the complaint,
(b) A designee of the director or hearing officer under (a) of this section may not be, and may not have been, directly involved in the actions or events that are the subject of the complaint, and may not directly supervise or be directly supervised by any respondent.
(c) If the director has been directly involved in the actions or events that are the subject of the complaint, the director will refer the complaint, for resolution under 6 AAC 25.400 - 6 AAC 25.490, to the director of the office of management and budget within the office of the governor, or to a member of office of management and budget designated by the director of the office of management and budget.
(d) The director, director's designee, or hearing officer may consolidate complaints if they relate to the same actions or events, or if they raise common questions of law or fact.
(e) The director will, or the director's designee or a hearing officer shall, allow a complainant to proceed with the assistance of an English language or American Sign Language interpreter if the complainant is unable to proceed without assistance of an interpreter. A complainant who needs an interpreter is responsible for securing and paying for the services of the interpreter, except to the extent that federal law requires that the state be responsible for payment for interpreter services.
(f) The director will, or the director's designee or a hearing officer shall, in coordination with the parties, establish a schedule under which the complainant and respondent may file written submissions concerning the complaint and under which the complaint will be finally determined.
(g) The director will, or the director's designee or a hearing officer shall, compile and maintain an official record in connection with each complaint under 6 AAC 25.400 - 6 AAC 25.490, including the following materials:
Authority:AS 15.15.010