Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 3 - General Provisions › 2 AAC 64.990 - Definitions

Current through May 31, 2024
(a) In this chapter, unless the context
				requires otherwise,
(1) "administrative
				hearing" has the meaning given in
				AS
				44.64.200 and refers to proceedings conducted
				by the office in a case referred to or otherwise within the office's
				jurisdiction, regardless of whether the case is an appeal or an original
				action, or whether it requires a proceeding to hear argument or
				evidence;
(2) "administrative law
				judge" has the meaning given in
				AS
				44.64.200;
(3) "agency" has the meaning given in
				AS
				44.64.200;
(4) "chief administrative law judge" means an
				individual appointed to the position created by
				AS
				44.64.020 or the individual's designee acting
				as provided under a specific delegation of authority;
(5) "discovery" means the use of subpoenas,
				interrogatories, requests for production of documents or other things, requests
				for admission, depositions, and other methods provided in statute or regulation
				by which a party may discover information within the knowledge or control of a
				person;
(6) "document" means a
				written or electronic record of information, whatever the form, "document"
				includes books, maps, and papers of all types, and audio, video, or digital
				recordings;
(7) "executive branch"
				means a branch of state government, other than the legislative or judicial
				branch, or a municipality or subunit of a municipality;
(8) "final decision-maker" means the
				individual, board, or commission with the authority by statute or under a
				lawful delegation to issue a final decision in the administrative hearing that
				will be appealable to the superior court;
(9) "financial interest" means involvement
				in, or ownership of, a business or property interest, or a professional or
				personal relationship, that is a source of income or other economic benefit to
				a person;
(10) "hearing officer"
				has the meaning given in
				AS
				44.64.200;
(11) "hearing request" means the document
				filed to contest an agency decision or initiate the administrative hearing
				process or to respond to a disciplinary or enforcement action initiated by an
				agency;
(12) "immediate family
				member" means
(A) a spouse;
(B) another individual cohabiting with the
				individual in a conjugal relationship that is not a legal marriage;
(C) a child, including a stepchild and an
				adoptive child;
(D) a parent,
				sibling, grandparent, aunt, or uncle; or
(E) a parent or sibling of the person's
				spouse;
(13) "improper
				ex parte communication" means an oral or written communication between a
				decision-maker, whether intermediate or final, and a party to an administrative
				hearing, a witness in a proceeding, or a person trying to influence the
				decision-maker that occurs outside of the presence of the other parties and
				without notice and an opportunity to participate being given to the other
				parties;
(14) "motion" means a
				request, made by a party orally on the record in a proceeding or in a written
				document served on the other parties, for action by an administrative law
				judge;
(15) "office" has the
				meaning given in
				AS
				44.64.200;
(16) "original paper" means a document
				created for filing in an administrative hearing before the office; "original
				paper" includes notices, requests, motions, briefs, affidavits, and
				reports;
(17) "party" means
(A) a person who requests an administrative
				hearing;
(B) the agency appearing
				before the office in the case; and
(C) another person entitled by statute,
				regulation, or order of the administrative law judge to participate in the
				hearing;
(18) "person"
				has the meaning given in
				AS
				01.10.060;
(19) "personal interest" means an interest in
				or involvement with an organization, whether fraternal, nonprofit, for profit,
				charitable, or political, that benefits a person;
(20) "subpoena" means a written command to
				appear at a certain time and place to testify, or to appear at a certain time
				and place to produce books, papers, and other things, and testify.