reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.150 - Nominations for initial municipal officials by petition

Current through May 31, 2024
(a) A candidate seeking nomination by
				petition for election as an initial municipal official in an incorporation
				election must submit the information required under
				AS
				29.05.120 to the director of elections in the
				time and manner specified in this section. The full petition with voter
				signatures shall be filed with the director by
(1) physical delivery in person at or before
				5:00 p.m., prevailing time, on the day specified by the director in the order
				and notice of election;
(2)
				physical delivery by registered or certified mail return receipt requested
				which is postmarked on or before the day specified in the order and notice of
				election and received not more than seven days after that time; if the postmark
				is illegible, a dated postal receipt is acceptable as proof of mailing;
				or
(3) electronic transmission of a
				copy of the full petition with voter signatures at or before 5:00 p.m.,
				prevailing time, on the day specified by the director in the order and notice
				of election and also the physical delivery of the original full petition with
				voter signatures to the director by registered or certified mail return receipt
				requested which is postmarked on or before the day specified in the order and
				notice of election and received not more than seven days after that time; if
				the postmark is illegible, a dated postal receipt is acceptable as proof of
				mailing.
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.160 - Election of initial city and borough officers

Current through May 31, 2024
(a) A candidate
				seeking the office of initial mayor in a borough or first class city must be
				elected by a plurality vote.
(b) A
				candidate is not required to identify a specific seat by name in designating
				the office for which he or she seeks election as a member of the initial city
				council or borough assembly on his or her nominating petition. If the city or
				borough has been divided into apportionment districts as set out in the
				accepted incorporation petition, the candidate shall identify the district in
				which he or she seeks election on his or her nominating petition.
(c) Each eligible candidate for the initial
				council or assembly will be listed on the ballot with all other eligible
				candidates to be elected from the proposed city or borough or, if applicable,
				the appropriate apportionment district set out in the accepted incorporation
				petition.
(d) Voters will be
				instructed to cast votes for a number of candidates equal to the number of
				seats to be filled for the proposed city or borough or the appropriate
				apportionment district set out in the accepted incorporation
				petition.
(e) Depending upon the
				number of seats to be filled in the proposed city or borough or appropriate
				apportionment district set out in the accepted incorporation petition, that
				number of candidates receiving the greatest number of votes among all
				candidates seeking election will be issued certificates of election.
Authority:
AS
					 15.15.010
AS 29.05.110
AS
					 29.05.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.163 - No write-in vote on a ballot for election of initial municipal officials

Current through May 31, 2024
In an election for initial municipal officials that is part
				  of an incorporation election under
				  AS
				  29.05.110 and
				  29.05.120, a voter may not vote
				  for a person whose name is not on the ballot. Votes cast for a person whose
				  name is not on the ballot will not be counted, but writing in a candidate's
				  name does not invalidate the entire ballot.
Authority:
AS
					 15.15.010
AS 15.25.045
AS
					 29.05.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.165 - Residency verification for municipal incorporation or local option elections

Current through May 31, 2024
Notwithstanding
				  6 AAC 27.170(c), the director may
				  require a voter to verify the physical location of the voter's residence, by
				  means of an attestation to the fact, in order to qualify to vote in (1) a
				  municipal incorporation election under
				  AS
				  29.05.110; or (2) a local option election
				  under AS
				  04.11.491-04.11.495, conducted by the
				  division under
				  AS
				  04.11.507. The attestation of the voter
				  regarding the physical location of the voter's residence in accordance with
				  this section is presumptive evidence of the voter's
				  residence.
Authority:
AS
					 04.11.507
AS 15.05.010
AS 29.05.110
AS
					 29.05.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.170 - Liquor option elections

Current through May 31, 2024
(a) A circulated
				petition authorized under
				AS
				04.11.507(c) must be signed
				by the required number of eligible voters within 90 days before the petition is
				filed with the director of elections in person, or postmarked for mailing to
				the director. A petition that does not meet this requirement will be rejected
				by the director.
(b) The director
				will review the petition to determine whether it complies with the requirements
				of AS
				04.11.491-04.11.495 and
				04.11.507, and will verify the
				submitted signatures within 30 days after receipt of the petition. If the
				director determines that the petition is not in compliance, or that the
				petition contains an insufficient number of signatures of eligible registered
				voters, the director will reject the petition and return it to the sponsor. The
				sponsor will be notified in writing that the petition was rejected and of the
				reason for the rejection. A rejected petition may not be resubmitted.
(c) For the purpose of conducting a local
				liquor option election in an established village, the jurisdiction of the
				election is that area generally considered to constitute the village, and
				includes the entire contiguous growth and development area of the village. A
				qualified voter who is registered to vote, and who has identified the village
				as his or her place of residence on a current voter registration record, is
				eligible to sign a local option petition and is eligible to vote in the
				election.
Authority:
AS
					 04.11.507
AS
					 15.15.010
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.175 - Combined municipal and state elections

Current through May 31, 2024
(a) A
				municipality may request that the director of elections conduct a special
				election on behalf of the municipality to be held on the same day as the
				state's primary or general election.
(b) The written request must be signed by the
				chief election official of the municipality and received by the director at
				least 150 days before the state election.
(c) The request must include
(1) the type of election; and
(2) ballot language
Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.180 - Advisory school board elections

Current through May 31, 2024
(a) A school
				district in a regional educational attendance area may request that the
				election board appointed by the division for the conduct of the regional
				educational attendance area school board election also conduct the advisory
				school board election under
				AS
				14.08.115, on behalf of the school district,
				on the first Tuesday in October. The request must be submitted in writing,
				signed by the superintendent, and received by the division at least 150 days
				before the date of the election. The request must include a list of the
				communities where the advisory school board election is to be conducted and the
				name and contact information for the district's site administrator or other
				designated person responsible for the advisory school board election in each
				community. The list of communities in the request must be limited to those
				areas where the division is scheduled to conduct a simultaneous in-person
				regional educational attendance area election.
(b) The advisory school board election will
				be conducted separately from the regional educational attendance area school
				board election. The election board appointed by the division will serve as
				election board for the advisory school board election during the hours the
				polls are scheduled to be open for the regional educational attendance area
				school board election.
(c) If
				requested by the school district, the division will provide a separate list of
				voters registered in the precinct for use by the election board during the
				advisory school board election.
(d)
				In order for a request to be granted under this section, the school district
				must agree in writing to be responsible for
(1) all advertising and public notice
				requirements for the advisory school board election as set out in board policy
				or board regulations;
(2) printing
				the advisory school board ballots and delivering them to the polling place; the
				ballots must be printed on colored paper that can be easily distinguished from
				the state's white ballots;
(3)
				retrieving the voted ballots from the election board when the polls
				close;
(4) tallying the ballots and
				notifying the public of election results; and
(5) certifying the election and notifying the
				candidates of certification.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 1 - Inquiries › 6 AAC 30.011 - Acceptance of inquiry

Current through May 31, 2024
A person may inquire about the human rights law or secure
					 technical assistance to comply with AS 18.80 by telephoning, writing, or
					 visiting a commission office. The commission's staff may accept collect
					 calls.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 1 - Inquiries › 6 AAC 30.021 - Record of inquiry

Current through May 31, 2024
The commission's staff will make a written record of an
					 inquiry. Anonymous inquiries will be accepted. The purpose of this record is to
					 document the volume and nature of inquiries and to establish the date of
					 initial contact with the commission if the inquirer later files a complaint.
					 The commission will not disclose its record of individual inquiries unless
					 required by law or court order. Statistical compilations of inquiries will be
					 released periodically.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 1 - Inquiries › 6 AAC 30.031 - Counseling of inquirer

Current through May 31, 2024
The commission's staff will counsel an inquirer to file a
					 complaint if the inquirer relates facts and circumstances which constitute a
					 violation of AS 18.80. If the facts related do not constitute a violation of
					 the human rights law, the staff will accept a complaint only after advising the
					 inquirer that the case will be closed for lack of
					 jurisdiction.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 1 - Inquiries › 6 AAC 30.041 - Correspondence

Current through May 31, 2024
Correspondence to the commissioners may be sent in care of
					 the executive director. No commissioner may consider an inquiry, a potential
					 violation of AS 18.80 or a pending complaint until the case is before the
					 commissioners at the hearing stage. Names and addresses of commissioners and
					 commission offices are available from any commission office.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 2 - Complaints › 6 AAC 30.210 - Complaints by persons

Current through May 31, 2024
(a) A person aggrieved by an alleged practice
				  prohibited by AS 18.80 may file a written complaint with the commission. A
				  complaint may be filed in person, by mail, or in electronic form at any
				  commission office.
(b) The
				  commission's staff will assist in drafting and filing the complaint.
(c) A complaint must contain
(1) the complainant's full name and
				  address;
(2) the full name and
				  address of the person or entity against whom the complaint is made (known as
				  "respondent");
(3) a statement of
				  the alleged harm the complainant has experienced or is experiencing;
(4) the reason complainant believes the
				  respondent took or is taking the alleged discriminatory action;
(5) the reason given complainant by
				  respondent for the alleged discriminatory action;
(6) where appropriate, a statement that one
				  or more individuals are allegedly aggrieved in the same manner as the
				  complainant. The statement must be sufficiently specific that the commission's
				  staff can identify these individuals through investigation;
(7) the date of the alleged discriminatory
				  practice. If the practice is continuing, the complaint must state when the
				  practice began, if known to the complainant;
(8) repealed 8/9/84;
(9) repealed 4/20/2019
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 2 - Complaints › 6 AAC 30.220 - Complaints by the executive director

Current through May 31, 2024
(a) The executive
				  director may file a complaint on behalf of an individual or a class of persons
				  when acts or practices allegedly contrary to
				  AS
				  18.80.220 -
				  AS
				  18.80.260 come to his or her attention. A
				  complaint made by the executive director must contain
(1) an identification of the class which is
				  sufficiently specific to enable the commission's staff to determine the nature
				  of the class through investigation;
(2) a statement of the alleged harm each
				  individual or class has experienced or is experiencing;
(3) the date the alleged discriminatory
				  practice occurred. If the practice is continuing, the complaint must state when
				  the practice began, if known to the executive director.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 2 - Complaints › 6 AAC 30.230 - Filing date

Current through May 31, 2024
(a) The complaint filing date is the date
				  when postmarked or received by the commission, whichever date is
				  earlier.
(b) A complaint by a
				  person alleging a discriminatory act or practice not of a continuing nature
				  must be filed no later than 300 days after the alleged discriminatory act or
				  practice occurred.
(c) A complaint
				  by a person alleging a discriminatory act or practice of a continuing nature
				  must be filed no later than 300 days after the alleged discriminatory act or
				  practice stopped.
Authority:
AS
						18.80.050
AS
						18.80.060
AS
						18.80.100
AS
						18.80.110
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.310 - Resolution conference procedures

Current through May 31, 2024
(a) The
				  commission's staff may convene a conference between the complainant and the
				  respondent to define the issues of the complaint, receive information relevant
				  to the investigation and, if possible, to negotiate a resolution of the
				  complaint.
(b) The complainant and
				  respondent shall attend a resolution conference unless excused by the
				  commission's staff for good cause shown. The commission may use its subpoena
				  authority to compel a party to appear at the resolution conference and to
				  produce information, records, papers, accounts, and documents sought in the
				  investigation.
(c) The
				  commission's staff will advise complainant and respondent in writing of the
				  conference date, the procedures to be followed, and what information should be
				  brought to the conference to assist with the investigation and
				  resolution.
(d) The commission's
				  staff will informally and impartially conduct a resolution conference to
				  inquire into facts relevant to the complaint and, at the request of the
				  parties, will assist the complainant and respondent to negotiate a resolution
				  of the complaint.
(e) No person may
				  make a transcript or tape recording of the resolution conference. The
				  commission staff will take investigative notes and will accept written evidence
				  from the parties. Evidence received by the staff at this conference may be
				  admissible as evidence in any subsequent hearing before the
				  commission.
(f) The commission's
				  staff may not disclose offers and counter offers of settlement, or evidence of
				  the communication, evaluation, or discussion of any offer or counter offer of
				  settlement, made during the conference. This subsection does not prevent the
				  disclosure of any evidence otherwise discoverable merely because it is
				  presented in the course of the conference.
(g) The commission's staff member will
				  adjourn the conference when a party fails to cooperate with the commission's
				  staff, acts in bad faith, or in a way which unreasonably annoys, embarrasses or
				  oppresses a participant.
Authority:
AS
						18.80.050
AS 18.80.060
AS 18.80.110
AS
						18.80.115
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.320 - Investigation methods by commission staff before conciliation

Current through May 31, 2024
(a) The
				  commission's staff will determine the nature and scope of the investigation.
				  The commission's staff will impartially obtain and analyze facts relevant to
				  the complaint and determine if the allegations are supported by substantial
				  evidence. During the investigation, the staff may also investigate matters that
				  are like, related to, or growing out of the complaint. The commission's staff
				  may obtain evidence by resolution conference, interview, inspection of
				  documents and premises, or examination of written submissions of parties and
				  witnesses. Any party or witness may offer a relevant statement or evidence for
				  consideration by the commission's staff.
(b) The commission's staff will conduct
				  interviews confidentially. Witnesses may not be accompanied during interviews
				  unless
(1) by a representative of the
				  respondent if the witness is a member of the respondent's control
				  group;
(2) by an attorney who has
				  entered an appearance before the commission on behalf of the witness;
(3) by a qualified, neutral language
				  interpreter selected by the commission's staff if the commission's staff
				  determines that the interpreter's presence will facilitate communication
				  between the witness and the interviewer;
(4) by a parent of a witness who is a
				  minor;
(5) by a guardian of the
				  witness if the witness lacks capacity to testify independently; or
(6) by another person identified by the
				  witness when such participation would constitute a reasonable accommodation for
				  the witness's disability.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.325 - Rebuttal

Current through May 31, 2024
If the commission's staff intends to issue a determination
					 that a complaint is not supported by substantial evidence, the staff shall
					 inform the complainant of its proposed determination and review the evidence
					 supporting the determination with the complainant. The commission's staff shall
					 provide the complainant with an opportunity for rebuttal before a determination
					 that a complaint lacks substantial evidence is made.
Authority:
AS
						18.80.050
AS 18.80.100
AS 18.80.110
AS
						18.80.115
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.330 - Determinations

Current through May 31, 2024
(a) If the commission's staff determines that
				  a complaint is not supported by substantial evidence, it shall prepare written
				  findings and a determination on each alleged violation of AS 18.80.
(b) If the commission's staff determines that
				  an administrative closure of a case is necessary prior to a conciliation
				  failure, it shall prepare a closing order with a written explanation of the
				  reasons for dismissal.
(c) If the
				  commission's staff determines that the complaint is supported by substantial
				  evidence, it shall prepare written findings and a determination on each alleged
				  violation of AS 18.80. If the commission's staff identifies during the
				  investigation an issue of discrimination or a person not named in the complaint
				  who has been similarly discriminated against, the commission's staff shall
				  identify this issue or person in the determination either by name or with
				  enough specificity that the respondent can identify the issue or the
				  person.
(d) Written findings,
				  determinations, and closing orders shall be delivered to the parties in person,
				  by certified mail, return receipt requested, or through secure electronic
				  transmission.
Authority:
AS
						18.80.050
AS
						18.80.060
AS
						18.80.100
AS
						18.80.110
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.340 - Conciliation procedures

Current through May 31, 2024
(a) The
				  commission's staff will provide the parties with proposed terms of conciliation
				  along with the determination that a complaint is supported by substantial
				  evidence. The commission's staff will propose remedies for each issue and
				  individual identified in the determination.
(b) If the commission's staff negotiates
				  conciliation terms that provide a remedy for a person who is not named in the
				  complaint but identified in the determination, the commission's staff will
				  invite the person identified to accept or reject the remedy.
(c) The commission's staff or either party
				  shall direct to the class identified in the findings the best notice
				  practicable to those class members who can be identified through reasonable
				  effort.
(d) Conciliation by the
				  commission will not prevent an individual who has not filed a complaint from
				  seeking relief outside of the conciliation agreement.
(e) If the complainant, executive director,
				  and respondent agree to a remedy or remedies, the agreement must be signed by
				  all parties in accordance with
				  AS
				  18.80.110. If the complainant refuses to
				  accept conciliation terms offered by the respondent that the executive director
				  believes are reasonable, the executive director may seek to remedy the
				  discriminatory practice or practices identified in the determination without
				  the complainant's participation, and any agreement reached must be signed by
				  the executive director and the respondent.
(f) Conciliation terms must be agreed to not
				  later than 30 days after service of the conciliation agreement proposed by the
				  commission's staff. The executive director may grant an extension of time to
				  agree to the terms of conciliation for good cause shown. The executive director
				  will determine that conciliation efforts have failed if
(1) the respondent fails to discuss
				  conciliation in a timely manner with the commission's staff;
(2) the commission's staff and the parties do
				  not resolve the issues alleged in the complaint; or
(3) the respondent fails to fulfill its
				  obligations under the conciliation agreement.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.350 - Amendment of complaint before conciliation

Current through May 31, 2024
A complaint may be amended at any time before certification
					 by the executive director that conciliation has failed. A complaint must be
					 amended if
(1) an issue of
				  discrimination or a class of persons adversely affected comes to the attention
				  of the complainant or the commission's staff; and
(2) the new issue differs substantially from
				  the issue identified in the original complaint or the person was not named in
				  the complaint.
This section was based on
						6 AAC 30.010(i) before 3/12/81. The
						history note to this section contains the history of
						6 AAC 30.010(i) before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.360 - Withdrawal of complaint and substitution as party

Current through May 31, 2024
(a) For complaints
				  filed before September 13, 2006, an individual complainant may withdraw the
				  individual's complaint at any time before the executive director certifies that
				  conciliation has failed. After the commission's staff has determined that the
				  complaint is supported by substantial evidence, the executive director must
				  approve the withdrawal. Withdrawal of a complaint does not prevent an
				  individual from filing a complaint that alleges a similar related violation of
				  AS 18.80.
(b) For complaints filed
				  on or after September 13, 2006, a complainant may withdraw a complaint by
				  submitting a signed, written request to the commission's staff at any time
				  before the executive director serves an accusation under
				  AS
				  18.80.120.
(c) The executive director may substitute the
				  executive director as a party in the place of a complainant who requests
				  withdrawal. The commission's staff shall promptly notify the respondent of the
				  substitution, and the case shall proceed as if the executive director had filed
				  the original complaint.
The substance of this section was based on
						6 AAC 30.010(j) before 3/12/81. The
						history note to this section contains the history of
						6 AAC 30.010(j) before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.100
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.370 - Chairperson review of closures (Repealed)

Current through May 31, 2024
This section was based on
						6 AAC 30.030. The history note for this section contains
						the history of
						6 AAC 30.030 before
						3/12/81.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 3 - Investigation, Determination, and Conciliation › 6 AAC 30.375 - Reconsideration and review

Current through May 31, 2024
(a) Not later than
				  thirty days after the date of a determination issued pursuant to
				  6 AAC 30.330(a) or (b), the executive
				  director, on her or his own motion or at the request of a party, may review the
				  determination. The executive director will issue a notice to the parties
				  advising them that the matter has been reopened and will provide both parties
				  with a limited opportunity to submit additional evidence, within a period of
				  time set by the executive director. Following the conclusion of the
				  reconsideration period, the executive director will issue an amended
				  determination or an order affirming the determination.
(b) A closing order shall be a final agency
				  action for the purposes of judicial review.
(c) Review of dismissals under
				  AS
				  18.80.112(c) is limited to
				  those instances in which the commission, on its own volition, determines review
				  furthers the purposes of AS 18.80.
Authority:
AS
						18.80.050
AS
						18.80.112
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.410 - Commencement of hearing process

Current through May 31, 2024
(a) If the
				  executive director refers a complaint to the commission for hearing, the
				  chairperson shall appoint at least three commissioners to hear and decide the
				  case. The chairperson may replace a hearing commissioner at any time before
				  issuance of a final order.
(b) The
				  commission shall request that the office of administrative hearings appoint an
				  administrative law judge to preside as the hearing examiner at the
				  hearing.
(c) The administrative law
				  judge or hearing examiner shall conduct a prehearing conference to establish a
				  schedule for discovery, briefing, and exchange of witness lists, and to set the
				  hearing date.
(d) Repealed
				  7/3/96.
(e) The original pleadings,
				  motions, stipulations, briefs, and other documents required to be filed before
				  the hearing must be filed with the administrative law judge or hearing
				  examiner, and served on the parties. Documents must be captioned in the same
				  manner as the accusation and must include the commission's case
				  number.
(f) Repealed
				  7/3/96.
(g) Repealed
				  12/14/2007.
(h) Repealed
				  7/3/96.
(i) The respondent shall
				  file and serve an answer to the accusation within 20 days after service of
				  notice of assignment of an administrative law judge or hearing examiner. The
				  answer must fairly meet the substance of the accusation and must contain a
				  general or specific admission or denial of the allegations in the accusation.
				  If the respondent lacks knowledge or information, a statement of that lack has
				  the effect of a denial. The answer must state any matter that is a defense. Any
				  allegation in the accusation that is not denied or admitted in the answer will
				  be considered admitted.
(j) If an
				  accusation is amended, the respondent shall file and serve an answer to the
				  amended accusation within 20 days after service. If any part of an amended
				  accusation is referred for conciliation under
				  AS
				  18.80.120(c) and
				  conciliation efforts are not successful, the respondent shall file an answer to
				  the amended accusation within 10 days of the executive director's notice of the
				  failure of the conciliation.
6 AAC 30.410(a), (b), (g) and (j) were based on
						6 AAC 30.060(b),
						6 AAC 30.055,
						6 AAC 30.010(i) and
						6 AAC 30.050 respectively before 3/12/81. The history
						note in this section contains the history of
						6 AAC 30.060(b),
						6 AAC 30.055,
						6 AAC 30.010(i) and
						6 AAC 30.050 before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.415 - Subpoenas

Current through May 31, 2024
The administrative law judge or hearing examiner may issue
					 subpoenas or subpoenas duces tecum upon the written application of the
					 executive director or the respondent.
This section was based on
						6 AAC 30.025 before 3/12/81. The history note to this
						section contains the history of
						6 AAC 30.025 before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.420 - Class action complaint at hearing

Current through May 31, 2024
(a) A complaint may
				  be maintained as a class action at a hearing.
(1) The executive director may maintain a
				  complaint as a class action only by identifying the class with specificity and
				  by showing that
(A) the class is so numerous
				  that joinder of all members is impracticable;
(B) there are questions of law or fact common
				  to the class; and
(C) the executive
				  director will fairly and adequately protect the interests of the
				  class.
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.430 - Notice of hearing

Current through May 31, 2024
The administrative law judge or hearing examiner shall give
					 notice of the hearing to the parties at least 15 days before the start of the
					 hearing, unless a shorter time is agreed to by the parties. The notice must
					 state the time and place of the hearing.
This section was based on
						6 AAC 30.040(b) before 3/12/81. The
						history note to this section contains the history of
						6 AAC 30.040(b) before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.435 - Motions and other filings

Current through May 31, 2024
(a) Unless
				  otherwise ordered for good cause or required by this chapter, the rules for
				  filing, service, and consideration of motions in civil proceedings in the
				  courts of this state apply to proceedings under AS 18.80.
(b) The administrative law judge or hearing
				  examiner shall promptly rule on motions filed in a case. A request to the
				  hearing commissioners to review an order by an administrative law judge or
				  hearing examiner that is not a final order may only be made upon a showing that
				  the standards set out in the rules for petitions for review in civil
				  proceedings in the courts of this state have been met.
(c) If the executive director or the
				  respondent files a motion for a summary decision, the opposing party may
				  request additional time to respond to the motion in order to have a reasonable
				  opportunity for discovery. The administrative law judge or hearing examiner
				  shall grant the request unless it is shown that a reasonable opportunity for
				  discovery has already been provided or additional discovery will not lead to
				  evidence that could support an opposition to the motion.
(d) The administrative law judge or hearing
				  examiner shall permit prehearing briefs in all cases and allow post-hearing
				  briefs only for good cause shown, or by stipulation of the parties.
(e) Unless otherwise ordered for good cause
				  shown, the rules for computation and enlargement of time and additional time
				  after service in civil proceedings in the courts of this state apply to
				  proceedings under AS 18.80.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.440 - Conduct of hearing

Current through May 31, 2024
(a) The executive director has the burden of
				  proving the allegations of the accusation.
(b) The parties may attend the hearing in
				  person, telephonically, or by counsel, may present oral testimony or other
				  evidence, and may examine and cross-examine witnesses. The party attending
				  telephonically is responsible for arranging the call and paying the associated
				  costs. The parties may enter into procedural or substantive stipulations that
				  comply with AS 18.80 or this chapter.
(c) The administrative law judge or hearing
				  examiner may, upon reasonable notice, call and examine witnesses, and direct
				  the production and inclusion in the record of documentary evidence.
(d) The administrative law judge or hearing
				  examiner may leave the record open after the hearing to permit the inclusion of
				  evidence which was unavailable during the hearing.
(e) The administrative law judge or hearing
				  examiner shall conduct the hearing, and rule on the admissibility of evidence,
				  the order and allocation of proof, and all motions and objections. The rule for
				  exclusion of witnesses in civil proceedings in the courts of this state applies
				  to proceeding under AS 18.80. The administrative law judge or hearing examiner
				  may exclude from the hearing room or from further participation in the
				  proceeding any person who engages in improper conduct during the
				  hearing.
(f) The hearing may be
				  continued from day to day or adjourned to a later date or to a different place
				  by announcement at the hearing or by appropriate notice to the parties and the
				  executive director.
(g) Oral
				  testimony must be given under oath or affirmation. The examiner may administer
				  the oath.
(h) The administrative
				  law judge or hearing examiner shall ensure that the proceedings are recorded. A
				  party may obtain a duplicate audiotape of a hearing by submitting a request in
				  writing to the commission and paying the cost of preparing the duplicate
				  audiotape.
6 AAC 30.440(c) and (e) were based on
						6 AAC 30.055(a), and
						6 AAC 30.440(a), (b), (d), and (f) were
						based on 6 AAC 30.060 before 3/12/81. The
						history note in this section contains the history of
						6 AAC 30.055(a) and
						6 AAC 30.060 before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.450 - Amicus curiae

Current through May 31, 2024
A brief of an amicus curiae may be filed only if the
					 parties consent in writing or if the examiner grants a motion which requests
					 permission to file the brief. A motion for permission to file a brief must
					 identify the interest of the amicus and must state the reasons why a brief of
					 the amicus is desirable.
This section was based on
						6 AAC 30.060(a) before 3/12/81. The
						history note to this section contains the history of
						6 AAC 30.060(a) before
						3/12/81.
Authority:
AS
						18.80.050
AS
						18.80.060(b)
AS 18.80.120
AS
						18.80.130(a)
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.460 - Evidence

Current through May 31, 2024
(a) The administrative law judge or hearing
				  examiner shall admit and give probative effect to evidence that is admissible
				  in the superior court. The administrative law judge or hearing examiner shall
				  admit and weigh other evidence on which reasonable persons are accustomed to
				  rely in the conduct of their serious affairs.
(b) Repealed 12/14/2007.
(c) A party may introduce an affidavit as
				  evidence at a hearing if the party serves a copy of the affidavit at least 10
				  days before the hearing. The affidavit must be accompanied by a notice of
				  intent to introduce the affidavit into evidence at the hearing and must notify
				  the opposing party that he or she has seven days in which to request
				  cross-examination. Unless the opposing party serves the proponent with a
				  request to cross-examine an affiant within seven days after service of the
				  affidavit, his or her right to cross-examine the affiant is waived and the
				  affidavit, if introduced in evidence, will be given the same effect as if the
				  affiant had testified orally. If an opportunity to cross-examine an affiant is
				  not given after request for it is made, the affidavit may only be used to
				  supplement or explain direct testimony and is not sufficient by itself to
				  support a finding.
This section was based on
						6 AAC 30.055(a) before 3/12/81. The
						history note in this section contains the history of
						6 AAC 30.055(a) before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.470 - Recommended decision

Current through May 31, 2024
(a) The administrative law judge or hearing
				  examiner shall promptly recommend findings of fact, conclusions of law, and an
				  order to the hearing commissioners. A copy of the recommendations will be
				  served on the parties.
(b) On any
				  question that is determinative of the jurisdiction of the commission or the
				  culpability of any party, the administrative law judge or hearing examiner may
				  only make recommendations to the hearing commissioners.
(c) When demeanor, inconsistency, or personal
				  credibility is a basis for the recommendations, the administrative law judge or
				  hearing examiner shall specifically note these observations in the
				  recommendations.
(d) Within 15 days
				  after receipt of the examiner's recommendations, any party may file objections
				  with the administrative law judge or hearing examiner and serve copies on the
				  parties. Responses to objections may not be filed except at the direction of
				  the administrative law judge or hearing examiner. The administrative law judge
				  or hearing examiner may reconsider the recommendations objected to and may
				  order oral argument. If reconsideration is denied, the hearing record together
				  with the recommendations and the objections, if any, will be sent to the
				  hearing commissioners for issuance of a final order. If the administrative law
				  judge or hearing examiner does not rule on the objections within 20 days after
				  the objections were filed, the objections will be considered denied.
(e) The administrative law judge or hearing
				  examiner may grant a reasonable extension to file objections if a party shows
				  that a transcript is essential to make an objection, or for other good cause
				  shown.
6 AAC 30.470(a), (b) and (c) were based on
						6 AAC 30.055(b), (c) and (e), and
						6 AAC 30.470(d) was based on
						6 AAC 30.095(a) before 3/12/81. The
						history note in this section contains the history of
						6 AAC 30.055(b), (c) and (e) and
						6 AAC 30.095(a) before
						3/12/81.
Authority:
AS
						18.80.050
AS 18.80.060
AS
						18.80.120
Alaska Administrative Code › Title 6 - Governor's Office › Part 2 - State Commission for Human Rights › Chapter 30 - Rules Governing Practice and Procedure Before the State Commission for Human Rights › Article 4 - Hearing Procedures › 6 AAC 30.480 - Orders by hearing commissioners

Current through May 31, 2024
(a) The hearing
				  commissioners will review the hearing record and issue a final order
				  determining the controversy, making corrections, amendments or changes in the
				  recommended findings of fact, conclusions of law, and proposed order as they
				  consider necessary; or the hearing commissioners may remand the matter to the
				  administrative law judge or hearing examiner with directions to take additional
				  evidence, rewrite the proposed findings, conclusions, and proposed order; or
				  take any other action they consider appropriate. The hearing commissioners will
				  provide a period for objections to revised findings, conclusions, or proposed
				  orders of the administrative law judge or hearing examiner.
(b) The remedial authority of the commission
				  under AS
				  18.80.130(a) includes the
				  authority to order any legal or equitable relief that is reasonably calculated
				  to prevent future violations of a similar nature or that reasonably compensates
				  the complainant or the class for losses incurred as a result of the unlawful
				  conduct, including out-of-pocket expenses. A monetary award under this section
				  may include an order that interest on the amount due be paid as provided in
				  AS
				  09.30.070(a).
(c) The decision of the hearing commissioners
				  must be by majority vote and is a final administrative order. A hearing
				  commissioner may file a concurring or dissenting opinion.
(d) A copy of the commission's order will be
				  served upon the parties. The parties will be advised of their right to seek
				  judicial review under
				  AS
				  44.62.560 -
				  AS
				  44.62.570.
(e) A copy of final orders of the commission
				  will be maintained at each office of the commission, and will be filed with
				  state law libraries and with the attorney general.
6 AAC 30.480(a) was based on
						6 AAC 30.095(b), and
						6 AAC 30.480(b), (c), (d) and (e) were
						based on 6 AAC 30.100(b), (c), (d) and (e) before 3/12/81. The history note in this
						section contains the history of
						6 AAC 30.095(b) and
						6 AAC 30.100(b), (c), (d) and (e)
						before 3/12/81.
Authority:
AS
						18.80.050
AS
						18.80.130