reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.865 - Mitigating factors; aggravating factors

Current through May 31, 2024
(a) A civil penalty
				determined under
				2 AAC 50.855 may be reduced by up to 50 percent if
(1) a person required to file a statement or
				other filing
(A) has a good filing history; in
				this subparagraph, "good filing history" means
(i) no late filings in the immediately
				preceding five years; and
(ii) for
				groups, no more than $500 in non-administrative activity shown on the group's
				overdue report; or
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.870 - Complaints

Current through May 31, 2024
(a) A person, including a member of the
				commission or the staff, may file a complaint alleging a violation of AS 15.13,
				AS 24.45, AS 24.60.200 - 24.60 260, AS
				39.50, or this chapter.
(b) A
				complaint under this section must be in writing, and must be signed, under oath
				and upon penalty of perjury, before a notary public, municipal clerk, court
				clerk, postmaster, or other person authorized to administer oaths. The
				complaint may be on a form provided by the commission or in any other form that
				provides the following information:
(1) the
				full name, mailing address, and telephone number of the complainant;
(2) the name of the person alleged to be in
				violation;
(3) the statute or
				regulation alleged to be violated;
(4) a clear and concise description of facts
				that, if true, would violate a provision of AS 15.13, AS 24.45,
				AS
				24.60.200 - 24.60 260, AS 39.50, or this
				chapter;
(5) the basis of the
				complainant's knowledge of the facts alleged, including those based on personal
				knowledge and those based upon other sources of information and
				belief;
(6) relevant documentation
				or other evidence that is available to the complainant; and
(7) proof that a copy of the complaint and
				documentation was mailed or delivered to the person alleged to be in
				violation.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.875 - Investigation

Current through May 31, 2024
(a) The staff shall undertake an
				investigation of a complaint that the staff or the commission determines meets
				the criteria in
				2 AAC 50.870(c). The staff shall
				initiate an investigation if the commission or staff obtains information that,
				if true, would constitute a substantial violation of AS 15.13, AS 24.45,
				AS
				24.60.200-24.60.260, AS 39.50, or this
				chapter. If the staff initiates an investigation, the staff shall promptly
(1) prepare a written notice, setting out the
				facts, allegations, and law involved; and
(2) provide the written notice and a copy of
				the complaint and supporting documentation to the respondent and the
				commission.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.880 - Answer to complaint

Current through May 31, 2024
(a) A person alleged to be in violation may
				file an answer
(1) to the complaint not later
				than 15 days after receiving notice that the complaint satisfies the
				requirements in
				2 AAC 50.870(a); or
(2) to the investigation report not later
				than 10 days after receiving the investigation report under issued as provided
				in 2 AAC 50.875.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.885 - Consent agreement

Current through May 31, 2024
(a) At any time after a complaint is filed or
				after the staff initiates an investigation, the respondent may enter into a
				consent agreement with the staff. Notwithstanding
				2 AAC 50.875, the staff may suspend an investigation if
				the respondent enters into a consent agreement before staff completes an
				investigation and report. A consent agreement must be in writing, must state
				that it is subject to commission approval, and must include an agreement
				regarding the assessment of civil penalties, the commission's costs of
				investigation and adjudication, and reasonable attorney fees, as provided in
				AS
				15.13.390(b). The parties
				may present a statement of the facts supporting the consent
				agreement.
(b) The commission may
				require evidence to support a finding that the consent agreement is in the
				public interest and consistent with controlling law. If the commission rejects
				a consent agreement, the commission will provide an explanation of the reasons
				for rejection, and may, as appropriate under the circumstances, proceed with a
				hearing on the matter under investigation, consider a revised consent
				agreement, or allow additional evidence or argument in support of the rejected
				consent agreement. If the commission accepts a consent agreement, the staff and
				the respondent are bound by it.
Authority:
AS
					 15.13.030
AS 24.45.021
AS 24.60.220
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.888 - Expedited consideration; hearing on expedited consideration

Current through May 31, 2024
(a) A complainant,
				the staff, or a respondent may request expedited consideration when a complaint
				is filed or any time before the date for an answer as provided in
				2 AAC 50.880. A request for expedited consideration must
				be submitted as a separate document from any other filing, and must include
(1) proof that the opposing party actually
				received the request for expedited consideration; and
(2) evidence showing reasonable cause to
				believe a violation of law has occurred or will occur, and that the violation,
				if not immediately restrained, could
(A)
				materially affect the outcome of an election or other impending event;
				or
(B) cause irreparable harm that
				penalties could not adequately remedy.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.891 - Hearing; record; decision

Current through May 31, 2024
(a) The commission
				will conduct a hearing on a complaint, an investigation report, or a consent
				decree, in compliance with
				AS
				44.62.330-44.62.630.
(b) The commission will give the complainant
				and respondent reasonable notice of the date, time, and place of the hearing.
				In addition, the commission will post the notice on the commission's website
				and in a prominent place, visible to the public, at the commission's offices.
				If the hearing is conducted by telephone, audio or video teleconferencing, or
				other electronic means, the commission will, in the notice, designate at least
				one place for public access. The complainant or a party may request a change in
				the date, time, or place of a hearing. The commission may grant a change in the
				date, time, or place of a hearing for good cause and with reasonable notice to
				the complainant, the parties, and the public.
(c) Before a hearing, a respondent may
				inspect the staff case file, and may obtain copies at cost. However, internal
				staff memoranda and any privileged information may not be inspected or
				copied.
(d) Except as provided in
				2 AAC 50.888 for a hearing on a request for expedited
				consideration, the staff and the respondent are parties to a hearing. For good
				cause, the commission may also designate the complainant as a party. A party to
				a hearing may be represented by an agent or an attorney licensed in this state,
				and may call witnesses and present evidence. A complainant that is not
				designated as a party to the proceeding may present argument, but may not call
				witnesses or present evidence. The staff shall present the investigation
				report, and bears the burden of proving a violation by a preponderance of the
				evidence.
(e) The hearing will be
				recorded and open to the public. A complainant or respondent may arrange for
				preparation of a transcript at the complainant's or respondent's own expense. A
				copy of any transcript prepared from the recording must be filed with the
				commission.
(f) No later than 10
				days after the record closes, the commission will issue an order in compliance
				with AS
				44.62.510.
(g) The commission may reconsider an order as
				provided in
				AS
				44.62.540. A request for reconsideration must
				be filed no later than 15 days after the commission delivers or mails an order
				as provided in (f) of this section. A request for reconsideration must state
				specific grounds for reconsideration. The commission will reconsider its
				decision only if
(1) a substantial procedural
				error occurred;
(2) the order was
				based on fraud, misrepresentation, or material mistake of fact or
				law;
(3) new evidence has been
				discovered that could not have been discovered before the hearing using
				reasonable diligence.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.895 - Referral to attorney general

Current through May 31, 2024
(a) If a person
				that is assessed a civil penalty for a violation of this chapter refuses or
				fails to appeal or pay the penalty, the commission will refer the matter to the
				attorney general for appropriate action.
(b) If, before the commission concludes
				action on a complaint, the attorney general or a federal agency
(1) files a civil complaint addressing the
				subject matter of the administrative complaint, the commission will dismiss the
				administrative complaint without prejudice; or
(2) initiates a criminal investigation or
				proceeding addressing the subject matter of the administrative complaint, the
				commission may suspend action until the criminal proceeding
				concludes.
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 4 - Alaska Public Offices Commission Procedures › 2 AAC 50.899 - Definitions

Current through May 31, 2024
In
				  2 AAC 50.801 -
				  2 AAC 50.899, unless the context requires
				  otherwise,
(1) "delivered" means
				conveyed by hand-delivery, electronic submission, or facsimile
				transmission;
(2) "mailed" means
				sent by first class or higher priority service using the United States Postal
				Service.
Authority:
AS
					 15.13.030
AS 24.45.021
AS 24.45.031
AS 24.60.220
AS 24.60.240
AS
					 39.50.050
Alaska Administrative Code › Title 2 - Administration › Chapter 50 - Alaska Public Offices Commission › Article 5 - General Provisions › 2 AAC 50.990 - Definitions

Current through May 31, 2024
In this chapter, unless the context requires
				  otherwise:
(1) "agent"
(A) means a representative or one who is
				authorized to act for another;
(B)
				includes a contractor or subcontractor;
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.010 - Commission goals

Current through May 31, 2024
The goals of the commission are to
(1) assist in the establishment and support
			 of public broadcasting facilities in the state in order to provide the people
			 of Alaska with the opportunity to
(A) make
			 informed decisions as participants in local, state, and national
			 governments;
(B) understand complex
			 issues in both the private and public sectors;
(C) further their general education, welfare,
			 health, safety, cultural enrichment, and entertainment;
(D) understand in detail the problems, needs,
			 and strengths of their local communities and encourage them to participate in
			 solving those problems, meeting those needs, and celebrating those strengths;
			 and
(E) have access to public
			 broadcast media.
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.020 - Financial support

Current through May 31, 2024
The commission will, in its discretion, make grants of funds
				and property to nonprofit corporations which use the funds or property to
				establish and operate public broadcasting stations in accordance with the
				provisions of this chapter, and with the understanding that all property
				purchased with commission-granted money reverts to the commission if the
				nonprofit corporation is dissolved, or if the broadcast facility declares a
				surplus.
Authority:
AS
				  44.21.264
AS
				  44.21.266
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.030 - Qualified corporations

Current through May 31, 2024
A corporation is qualified to receive funds and properties from
				the commission and to establish and operate public broadcasting facilities in
				this state if
(1) the corporation is
			 organized as a nonprofit organization under AS 10.20 and is qualified as tax
			 exempt by the United States Internal Revenue Service; and
(2) the corporation's articles of
			 incorporation provide for
(A) a board of
			 directors consisting of a minimum of five members representative of the
			 geographic area and population served by the facility;
(B) a plan for rotation of membership on the
			 board of directors among the people served by the facility;
(C) an agent of the commission to be a
			 nonvoting, ex-officio member of the board of directors;
(D) all meetings of the board of directors to
			 be open to the public;
(E) the
			 giving of reasonable notice to the public of board of directors
			 meetings;
(F) board of directors
			 meetings to be held at least quarterly on a specified day of specified
			 months;
(G) a prohibition against
			 the use of proxies at board of directors meetings, however proxies may be used
			 to establish a quorum at membership meetings of the corporation;
(H) any action taken at a board of directors
			 meeting which is not a public meeting to be void;
(I) all meetings to be consistent with the
			 provisions of
			 AS
			 44.62.310 and
			 44.62.312 regarding public
			 meetings, as if the qualified corporation where a governmental entity subject
			 to AS
			 44.62.310 and
			 44.62.312; and
(J) a prohibition against allowing any
			 employee of the corporation to be a board member.
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.040 - Requirements of qualified corporations

Current through May 31, 2024
If a corporation qualifies under
				2 AAC 55.030, it shall then
(1) provide the commission, for its review
			 and comment,
(A) a statement of objectives
			 responsive to the needs of the area served by the facility;
(B) a schedule of proposed programs that
			 would meet identified objectives as described in (A) of this
			 paragraph;
(C) proposed position
			 descriptions, staff chart, personnel policies, and salary schedules;
			 and
(D) a proposed budget showing
			 all anticipated sources of income and objects of expenditures;
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.050 - Noncompliance

Current through May 31, 2024
Violation of 2 AAC 55 or regulations of the Federal
				Communications Commission by a qualified corporation is cause for the
				commission to withhold funds from that corporation. A finding of violation will
				only be made by a majority of the commission's membership and only after notice
				and opportunity to be heard is afforded the corporation.
Authority:
AS
				  44.21.264
AS 44.21.266
AS
				  44.21.268
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.060 - Requirements for institutional licensees to receive financial support

Current through May 31, 2024
Notwithstanding any other provision of
				2 AAC 55.010 -
				2 AAC 55.080, a state-supported public broadcasting
				station operated by a school, college, or university may receive support from
				the commission if it
(1) causes the
			 establishment of a public board broadly representative of the ethnic population
			 and area to be served; the board shall provide continuing advice to the station
			 manager;
(2) develops objectives
			 responsive to the needs of the populations and area served;
(3) has a policy for the provision of free
			 transmission of instructional programs as provided by local public educational
			 institutions; and
(4) provides the
			 commission with budgets and reports prepared for other institutions, and an
			 annual report as described in
			 2 AAC 55.040(2) (K).
Authority:
AS
				  44.21.264
AS 44.21.266
AS
				  44.21.268
Alaska Administrative Code › Title 2 - Administration › Chapter 55 - Public Broadcasting Commission › 2 AAC 55.070 - Commission designee

Current through May 31, 2024
From time to time the commission may reasonably delegate
				authority to a qualified individual to perform duties of the commission not
				inconsistent with these regulations. Such authority shall be subject to
				direction and revocation by the commission at all times and in no case shall
				such authority be superior to the authority of the
				commission.
Authority:
AS
				  44.21.264
AS 44.21.266
AS 44.21.268
AS
				  44.21.290
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.010 - Compensation for court-appointed attorneys

Current through May 31, 2024
Attorneys appointed by the court under Alaska Administrative
				  Rule 12(b)(1)(B) are entitled to be compensated at the rate set by the office
				  of public advocacy. Absent authorization under
				  2 AAC 60.060, total compensation for any case for which
				  the office of public advocacy is responsible for paying a private attorney will
				  not exceed the following schedule:
(1)
				criminal and delinquency cases:
(A)
				misdemeanor - $1,625;
(B) class C
				felony - $4,000;
(C) class B felony
				- $4,875;
(D) class A felony -
				$9,000;
(E) unclassified felony -
				$20,000;
(F) probation or parole
				revocation:
(i) misdemeanor - $625;
(ii) felony - $1,875;
(G) post-conviction relief:
(i) misdemeanor - $2,500;
(ii) felony - $7,500;
(H) appeals:
(i) merit or combination merit and sentence -
				$7,500;
(ii) sentence -
				$3,125;
(iii) petition for review
				or petition for hearing - $2,500;
(iv) misdemeanor - $2,500;
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.020 - Multiple count cases

Current through May 31, 2024
Multiple counts or charges in an indictment or information
				  are considered a single case for purposes of compensation under this chapter,
				  but the public advocate may treat them as separate cases if separate trials
				  have been ordered under Rule 14, Alaska Rules of Criminal
				  Procedure.
Authority:
AS
					 44.21.410
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.030 - Compensation for guardians ad litem and investigators

Current through May 31, 2024
(a) A guardian ad
				litem appointed by the court is entitled to be compensated as follows:
(1) an attorney appointed as guardian ad
				litem is entitled to receive the compensation provided in
				2 AAC 60.010(2);
(2) a person other than an attorney appointed
				as guardian ad litem is entitled to receive compensation in an amount between
				$25 and $50 per hour, as determined by the office of public advocacy or as
				otherwise set in a valid contract;
(3) the maximum compensation for a guardian
				ad litem in any one case involving a child will not exceed $5,200 unless excess
				compensation is authorized under
				2 AAC 60.060.
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.040 - Extraordinary expenses

Current through May 31, 2024
Extraordinary expenses for appointed attorneys, guardians ad
				  litem, and investigators will be reimbursed only if prior authorization has
				  been obtained from the public advocate. In this section, "extraordinary
				  expenses" means expenses for
(1)
				investigation;
(2)
				experts;
(3) necessary travel by
				the client, appointed counsel, and witnesses, which may not exceed the rate
				authorized for state employees;
(4)
				paralegal services;
(5) interpreter
				services;
(6) transcription
				services;
(7) extraordinary copy
				charges;
(8) record request
				charges;
(9) psychological or
				psychiatric examinations; and
(10)
				immigration opinions.
Authority:
AS
					 44.21.410
AS
					 44.21.420
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.050 - Claims for compensation

Current through May 31, 2024
The first claim for compensation must be submitted to the
				  office of public advocacy, on a form provided by that office, by the fifth of
				  the month immediately following the month in which the case is assigned to the
				  appointed individual. All subsequent claims must be submitted by the fifth of
				  the month for services provided during the preceding month. Submissions that do
				  not comply with this section may result in claims being denied, or compensation
				  being withheld. The public advocate shall approve or disapprove the
				  claims.
Authority:
AS
					 44.21.410
AS
					 44.21.420
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 1 - Compensation for Volunteer Professionals › 2 AAC 60.060 - Excess compensation

Current through May 31, 2024
The public advocate may, in extraordinary cases, authorize
				  payment of compensation in excess of the amounts prescribed in this chapter. An
				  application for compensation in excess of amounts prescribed in
				  2 AAC 60.010 and
				  2 AAC 60.030 must be submitted as soon as the appointed
				  individual identifies a need for excess compensation.
Authority:
AS
					 44.21.410
AS
					 44.21.420
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 2 - Fees for Guardian and Conservator Services › 2 AAC 60.070 - Purpose

Current through May 31, 2024
When appointed by the court, the Office of Public Advocacy
				  (OPA) serves as public guardian or conservator of individuals needing
				  guardianship or conservatorship services. The purpose of
				  2 AAC 60.070 -
				  2 AAC 60.120 is to establish the procedures that OPA
				  shall use to charge and collect, against an individual's estate, fees for those
				  services.
Authority:
AS
					 13.26.410
AS
					 44.21.410
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 2 - Fees for Guardian and Conservator Services › 2 AAC 60.080 - Establishment of fees

Current through May 31, 2024
(a) The OPA shall charge a case opening fee
				for establishment of a guardianship or conservatorship case, including a fee
				for any reappointments for the same client if the reappointment is made more
				than three months after the termination of a prior appointment. The case
				opening fee shall be
(1) $200 if OPA serves
				as guardian;
(2) $300 if OPA serves
				as conservator; and
(3) $500 if OPA
				serves as combined guardian and conservator.
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 2 - Fees for Guardian and Conservator Services › 2 AAC 60.090 - Evaluation for determination of fees

Current through May 31, 2024
(a) The OPA shall evaluate a client's estate
				on the following occasions:
(1) for the case
				opening or monthly fees for guardianship or conservatorship services, within 90
				days of OPA's appointment by the court;
(2) for the sale of property fee, within 30
				days of the sale of the property; and
(3) for the property management fee, at the
				time OPA or a court visitor files the annual court report.
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 2 - Fees for Guardian and Conservator Services › 2 AAC 60.100 - Collection of fees and costs

Current through May 31, 2024
(a) The OPA may
				collect the case opening fee described in
				2 AAC 60.080(a) after the filing of the
				court order appointing OPA as the guardian or conservator of a client, and at
				least 15 days after OPA provides notice to the client as required under
				2 AAC 60.080(e). The OPA shall collect
				the case opening fee by using a method that OPA determines is in the client's
				best interests and that prevents a financial hardship to the client.
(b) The OPA shall collect the monthly fee
				described in
				2 AAC 60.080(b) by using a method that
				OPA determines is in the client's best interests and that prevents a financial
				hardship to the client.
(c) The OPA
				may collect a fee from the estate of a deceased client.
(d) If OPA acts only as conservator, a fee
				may not be collected before an inventory of the estate is made.
(e) The OPA may not collect a fee from a
				client if OPA determines that payment of the fee would result in a financial
				hardship to the client. When determining whether a hardship will result from
				payment of a fee, OPA shall consider a client's
(1) income;
(2) liabilities;
(3) assets; and
(4) projected ability to pay for vital
				services, including food, housing, medical care and other treatment, education,
				and personal needs expenses.
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 2 - Fees for Guardian and Conservator Services › 2 AAC 60.120 - Definitions

Current through May 31, 2024
Unless the context indicates otherwise, as used in
				  2 AAC 60.070 -
				  2 AAC 60.120,
(1) "annual court report" means the annual
				report required by
				AS
				13.26.118(a) or any other
				client-related annual accounting report ordered by the court;
(2) "case opening" means the internal
				administrative process used by OPA in establishing a temporary or permanent
				guardianship or conservatorship case, including the following:
(A) applying to be payee on a client's
				funds;
(B) collecting and reviewing
				necessary financial, legal, medical, or social information pertaining to a
				client or a client's estate;
(C)
				opening bank or other financial accounts on a client's behalf;
(D) assigning OPA representatives to perform
				guardianship and conservatorship responsibilities for a client;
(E) collecting and receiving property for a
				client;
(F) creating files,
				summaries, and other documentary information necessary for the management of a
				client or a client's estate; and
(G) all other activities related to preparing
				for and assuming the responsibilities of guardian or conservator;
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 3 - Office of Elder Fraud and Assistance › 2 AAC 60.300 - Service availability and eligibility

Current through May 31, 2024
(a) The provisions
				of this section establish the criteria that the office of elder fraud and
				assistance (OEFA) will use to determine the availability of and eligibility for
				services provided by the OEFA to older Alaskans who are victims of
				fraud.
(b) To determine if an
				individual is qualified under
				AS
				44.21.415 as an older Alaskan who is not
				otherwise able to bring a complaint without assistance, the OEFA will consider
				the following factors regarding the older Alaskan:
(1) the availability of other service
				providers who are able to provide relief and assistance to the older
				Alaskan;
(2) the older Alaskan's
				financial ability to seek redress independently;
(3) non-economic factors, including the older
				Alaskan's
(A) cognitive ability;
(B) physical ability;
(C) language barriers; and
(D) cultural or social isolation.
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 3 - Office of Elder Fraud and Assistance › 2 AAC 60.310 - Fee agreements

Current through May 31, 2024
The OEFA will not provide legal services to an older Alaskan
				  accepted by the OEFA under
				  2 AAC 60.300, unless the older Alaskan has entered into
				  a fee agreement with the OEFA. The fee agreement must be a contingency fee
				  agreement in compliance with the Alaska Rules of Professional Conduct and
				  contain the following provisions:
(1)
				if the client prevails, the OEFA will first seek recovery of the OEFA's
				attorney's fee from the defendant; the OEFA may seek from the court up to 30
				percent of the amount awarded unless the court finds justification for a higher
				award under Alaska Rule of Civil Procedure 82; if the defendant is unable to
				satisfy the award of the OEFA's attorney's fee, the OEFA will next seek
				recovery from the client;
(2) if
				the client does not prevail, the OEFA will not seek recovery from the client
				for the OEFA's attorney's fee;
(3)
				if the matter is settled by compromise, the OEFA will treat the client as a
				prevailing party for purposes of determining the OEFA's attorney's fee and
				apply the standards described in (1) of this section;
(4) regardless of whether the client
				prevails, the client is responsible to pay to the OEFA all costs directly
				incurred by the OEFA, including
(A) court
				filing fees;
(B) contract
				investigations fees;
(C) expert
				witnesses fees;
(D) travel
				expenses;
(E) photocopying costs;
				and
(F) transcription and court
				reporter costs;
Alaska Administrative Code › Title 2 - Administration › Chapter 60 - Office of Public Advocacy › Article 3 - Office of Elder Fraud and Assistance › 2 AAC 60.390 - Definitions

Current through May 31, 2024
In
				  2 AAC 60.300 -
				  2 AAC 60.390, unless the context otherwise
				  requires,
(1) "active litigation"
				means a case in court that is pending resolution;
(2) "client" means an older Alaskan who has
				entered into a fee agreement with the OEFA under
				2 AAC 60.310;
(3) "fraud" has the meaning given in
				AS
				44.21.415;
(4) "OEFA" means the office of elder fraud
				and assistance established in
				AS
				44.21.415;
(5) "older Alaskan" has the meaning given in
				AS
				44.21.415;
(6) "older Alaskan who is not otherwise able
				to bring a complaint without assistance" means an older Alaskan who meets the
				requirements of
				2 AAC 60.300;
(7) "public advocate" means the director of
				the office of public advocacy established in
				AS
				44.21.400.
Authority:
AS
					 44.21.410
AS
					 44.21.415
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.010 - Purpose and applicability of code of hearing officer conduct

Current through May 31, 2024
(a) The purpose of
				2 AAC 64.010 -
				2 AAC 64.090 is to implement the requirement of
				AS
				44.64.050 to adopt a code of hearing officer
				conduct.
(b) The provisions of
				2 AAC 64.010 -
				2 AAC 64.090 apply as provided in
				AS
				44.64.050 to an individual conducting a state
				administrative hearing without regard to status as an employee of the state or
				an independent contractor, except as otherwise provided by statute.
Authority:
AS
					 44.64.020
AS
					 44.64.050
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.020 - Prohibition against serving in another judicial or quasi-judicial capacity and against the private practice of law

Current through May 31, 2024
The prohibition in
				  AS
				  44.64.050 against serving in another judicial
				  or quasi-judicial capacity and against the private practice of law applies to a
				  person employed by the state to work 30 hours or more each week, regardless of
				  the number of hours the employee works in a particular week performing
				  nonhearing-related duties, if the employee's primary essential duties relate to
				  conducting administrative hearings.
Authority:
AS
					 44.64.020
AS
					 44.64.050
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.040 - Conflicts

Current through May 31, 2024
(a) A hearing officer or administrative law
				judge shall refrain from hearing or otherwise deciding a case presenting a
				conflict of interest. A conflict of interest may arise from a financial or
				other personal interest of the hearing officer or administrative law judge, or
				of an immediate family member. A conflict of interest exists if
(1) the financial or other personal interest
				reasonably could be perceived to influence the official action of the hearing
				officer or administrative law judge; or
(2) a hearing officer or administrative law
				judge previously represented or provided legal advice to a party on a specific
				subject before the hearing officer or administrative law judge.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.050 - Executive Branch Ethics Act violation

Current through May 31, 2024
Violation of a provision of AS 39.52 (Executive Branch Ethics
				  Act) by a hearing officer or administrative law judge is grounds for corrective
				  or disciplinary action under
				  AS
				  44.64.050(d) and
				  2 AAC 64.060.
As of Register 184 (January 2008), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), to
					 2 AAC 64.050.
Authority:
AS
					 44.64.020
AS
					 44.64.050
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.060 - Corrective or disciplinary action

Current through May 31, 2024
(a) A violation of
				2 AAC 64.010 -
				2 AAC 64.050 warrants corrective or disciplinary action
				unless the violation is mitigated as provided in (b) or (c) of this
				section.
(b) A violation of
				2 AAC 64.040(Conflicts) may be
				mitigated if the hearing officer or administrative law judge disclosed a
				potential conflict of interest to the parties and
(1) a party did not request disqualification
				of the hearing officer or administrative law judge or reassignment of the
				case;
(2) the parties waived the
				conflict on the record orally or in writing; or
(3) the hearing officer or administrative law
				judge acted to remove the conflict by arranging for reassignment of the
				case.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.070 - Filing complaints

Current through May 31, 2024
(a) A person who believes that a hearing
				officer or administrative law judge has violated
				AS
				44.64.050 or a provision of
				2 AAC 64.010 -
				2 AAC 64.050 may file a complaint. The complaint must
(1) be in writing;
(2) identify the hearing officer or
				administrative law judge whose conduct is the subject of the
				complaint;
(3) describe the conduct
				and other facts on which the complaint is based;
(4) explain the reasons why the person
				believes the conduct violates
				AS
				44.64.050 or
				2 AAC 64.010 -
				2 AAC 64.050;
(5) identify the hearings or other
				proceedings conducted by the hearing officer or administrative law judge in
				which the person making the complaint is or has been involved;
(6) provide the name of the person making the
				complaint, and the mailing address and telephone number at which the person can
				be contacted if additional information is needed or to notify the person of the
				outcome; and
(7) be signed
				personally, under penalty of perjury, by the person making the
				complaint.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.080 - Consideration of complaints

Current through May 31, 2024
(a) If a complaint
				alleges facts that, if true, would show that a hearing officer or
				administrative law judge, who is employed as described in
				2 AAC 64.020, violated a prohibition in
				AS
				44.64.050(a), the chief
				administrative law judge will refer the complaint to the attorney general
				without further action.
(b) Except
				as provided in (a) of this section for a violation of
				AS
				44.64.050(a), if the
				complaint alleges facts that, if true, would show a violation of
				2 AAC 64.010 -
				2 AAC 64.050, the chief administrative law judge will
				give the hearing officer or administrative law judge whose conduct is the
				subject of the complaint notice of the complaint and 10 days in which to
				respond, including submission of information on mitigating factors recognized
				in 2 AAC 64.060. If the allegations
				are of conduct that, if true, would warrant disciplinary action even after
				consideration of mitigating factors, the chief administrative law judge will
				refer the complaint to the attorney general.
Authority:
AS
					 44.64.020
AS
					 44.64.050
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.090 - Referral to attorney general

Current through May 31, 2024
(a) If the chief
				administrative law judge determines that
				AS
				44.64.050(c) or
				2 AAC 64.080 requires a complaint to be referred to the
				attorney general, the chief administrative law judge will provide the complaint
				file to the attorney general and will notify the person who filed the
				complaint, the hearing officer or administrative law judge whose conduct is the
				subject of the complaint, and the hearing officer's or administrative law
				judge's supervisor that the complaint has been referred to the attorney
				general.
(b) If the chief
				administrative law judge determines that
				AS
				44.64.050(c) and
				2 AAC 64.080 do not require a complaint to be referred
				to the attorney general, the chief administrative law judge will deny the
				complaint and give written notice of the denial to the person who filed the
				complaint and to the hearing officer or administrative law judge whose conduct
				is the subject of the complaint.
(c) If a person files a written complaint
				alleging that the chief administrative law judge violated
				AS
				44.64.050(a) or
				2 AAC 64.010 -
				2 AAC 64.050, the office will refer the complaint to the
				attorney general and notify the person who filed the complaint of the
				referral.
Authority:
AS
					 44.64.020
AS
					 44.64.050
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.100 - Purpose, applicability, and effect of hearing procedures

Current through May 31, 2024
(a) The purpose of
				2 AAC 64.100 -
				2 AAC 64.370 is to implement the requirement of
				AS
				44.64.060 to establish procedures for
				administrative hearings conducted by the office.
(b) The provisions of
				2 AAC 64.100 -
				2 AAC 64.370 apply to administrative hearings and
				proceedings conducted by the office and its administrative law judges unless
(1) the procedures are inconsistent with
				applicable statutory requirements;
(2) a statute exempts the hearing or
				proceeding from application of
				AS
				44.64.060; or
(3) the chief administrative law judge has
				approved the use of different procedures in a written agreement for voluntary
				referral of a matter not required by statute or regulation to be referred to
				the office.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.110 - Initiating an administrative hearing process

Current through May 31, 2024
An administrative hearing within the mandatory jurisdiction
				  of the office is initiated as a statute or regulation of the referring agency
				  may provide. A notice of appeal or request for hearing may not be filed
				  directly with the office by the person contesting the agency decision, except
				  as provided by statute.
Authority:
AS
					 43.05.430
AS 44.64.020
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.120 - Referral to the office

Current through May 31, 2024
An agency that grants a request for a hearing within the
				  jurisdiction of the office under
				  AS
				  44.64.030(a) or other
				  statute or regulation, or that elects to voluntarily refer a proceeding under
				  AS
				  44.64.030(b), must deliver
				  to the office within the time allowed by statute or regulation
(1) a completed notice of referral in the
				form prescribed by the office;
(2)
				a copy of the hearing request;
(3)
				a copy of the agency decision being contested;
(4) a copy of the record relied on to support
				the decision; and
(5) if desired, a
				request to participate under
				AS
				44.64.060(c).
Authority:
AS
					 44.64.020
AS 44.64.030
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.130 - Notice of denial of hearing request

Current through May 31, 2024
Upon denying a request for hearing, an agency shall deliver a
				  copy of the notice of denial, including a statement of the reasons for the
				  denial as required by
				  AS
				  44.64.060(b) to the chief
				  administrative law judge.
Authority:
AS
					 44.64.020
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.140 - Stay of decision

Current through May 31, 2024
An administrative law judge may stay the effect of an agency
				  decision that is contested under this chapter or may vacate a stay granted by
				  the agency, as provided in a statute or regulation or upon delegation by the
				  final decision-maker of authority to order a stay.
Authority:
AS
					 44.64.020
AS
					 44.64.040
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.150 - Notice of assignment

Current through May 31, 2024
After receipt of a timely notice of appeal or of a referral
				  under 2 AAC 64.120, the chief
				  administrative law judge will assign the case to an administrative law judge
				  and the office will distribute to the parties a notice of the
				  assignment.
Authority:
AS
					 44.64.020
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.160 - Representation

Current through May 31, 2024
(a) A party to an administrative hearing may
				be represented by an attorney or may be self-represented. An agency or entity
				is self-represented when acting through an authorized employee or officer. The
				administrative law judge may allow a self-represented party to be assisted by a
				person who is not an attorney and may impose reasonable limits on participation
				by the assistant.
(b) A party
				represented by an attorney in the administrative hearing shall file, or cause
				the attorney to file, and serve on the other parties a document that
(1) identifies the attorney; and
(2) provides the address, telephone number,
				facsimile number, and electronic mail address for the attorney, and
(A) the Alaska Bar Association number of the
				attorney; or
(B) if the attorney is
				not licensed to practice law in active status in this state, the name of each
				state in which the attorney is licensed to practice law in active
				status.
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.170 - Change of administrative law judge

Current through May 31, 2024
(a) To change an
				administrative law judge assigned to hear a case, a party shall file a written
				notice and serve a copy of the notice on the other parties in the time allowed
				by AS
				44.64.070(c).
(b) To request disqualification of an
				administrative law judge assigned to an administrative hearing, a party shall
				file a motion to disqualify and an affidavit as required by
				AS
				44.64.070(b). Another party
				may respond to the motion within five days after the date of service. Failure
				to respond is a waiver of the right to request disqualification of the
				administrative law judge on the same or similar grounds. No later than five
				days after the time to respond has expired, the administrative law judge
				assigned to hear the case will either grant or deny the motion. Within five
				days after distribution of a denial of a motion to disqualify, the moving party
				may file a written objection with the chief administrative law judge for final
				determination under
				AS
				44.64.070(b). If the chief
				administrative law judge is assigned to hear the case, the office will forward
				the objection to the attorney general for final determination under
				AS
				44.64.070(b).
Authority:
AS
					 44.64.020
AS 44.64.060
AS
					 44.64.070
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.180 - Intervention

Current through May 31, 2024
(a) The administrative law judge may allow a
				person to intervene in an administrative hearing if a statute or regulation
				provides for intervention and the person seeking to intervene shows that
				intervention is appropriate under the standards set by the applicable
				law.
(b) A person requesting to
				intervene shall serve a copy of the request on each party to the administrative
				hearing. Unless otherwise provided by the applicable law or ordered by the
				administrative law judge, a party may file an objection to a request to
				intervene within seven days after service of the request. A party filing an
				objection shall serve a copy of it on the other parties and on the person
				requesting to intervene.
Authority:
AS
					 44.64.020
AS
					 44.64.060
Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 2 - Hearing Procedures › 2 AAC 64.190 - Consolidation and division

Current through May 31, 2024
(a) The
				administrative law judge may consolidate, in whole or in part, two or more
				proceedings to be held under
				2 AAC 64.100 -
				2 AAC 64.370, if the administrative law judge determines
				that a joint hearing will expedite or simplify consideration of the issues and
				that consolidation will not prejudice a party.
(b) If the administrative law judge
				determines that dividing an administrative hearing into two or more parts for
				purposes of hearing or decision would expedite or simplify consideration of the
				issues and provide for a fairer hearing, the administrative law judge may
				divide the case into separate proceedings.
Authority:
AS
					 44.64.020
AS 44.64.040
AS
					 44.64.060