Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 25 - Administration of Elections › Article 2 - Administrative Complaint Procedure for Violations of the Help America Vote Act of 2002 › 6 AAC 25.460 - Final determination

Current through May 31, 2024
(a) If the complainant has not requested a
				  hearing under
				  6 AAC 25.450, the director will review the record and
				  determine whether, under a preponderance of the evidence standard, a violation
				  of 42 U.S.C.
				  15481 -
				  15485 has been established. If a
				  division employee has been designated or hearing officer has been appointed
				  under 6 AAC 25.440(a) (2) or (a)(3), that person shall review the record
				  and prepare a proposed determination as to whether a violation of
				  42 U.S.C.
				  15481 -
				  15485 has been established, based
				  upon a preponderance of the evidence standard. After review of the record, the
				  director will adopt the proposed determination as the final determination,
				  adopt the proposed determination with modifications as the final determination,
				  or reject the proposed determination.
(b) After any hearing conducted under
				  6 AAC 25.450, and after the submission under
				  6 AAC 25.450(g) of any written briefs
				  or memoranda, the director will determine under a preponderance of the evidence
				  standard whether a violation of
				  42 U.S.C.
				  15481 -
				  15485 has been established. If a
				  division employee has been designated or hearing officer has been appointed
				  under 6 AAC 25.440(a) (2) or (a)(3), that person shall review the record
				  and prepare a proposed determination as to whether a violation of
				  42 U.S.C.
				  15481 -
				  15485 has been established, based
				  upon a preponderance of the evidence standard. After review of the record, the
				  director will adopt the proposed determination as the final determination,
				  adopt the proposed determination with modifications as the final determination,
				  or reject the proposed determination.
(c) For any violation established under this
				  section, the director will provide a remedy directed to the improvement of
				  procedures that are subject to
				  42 U.S.C.
				  15481 -
				  15485. As part of the remedy, the
				  director may include an order requiring any respondent to take specified
				  action, or prohibiting any respondent from taking specified action, with
				  respect to a past or future election. However, the director will not award
				  money damages, attorney fees, or costs as part of a remedy.
(d) If the complaint is not timely, or if the
				  director determines that a violation has not occurred or that the evidence is
				  insufficient to establish a violation, the director will dismiss the
				  complaint.
(e) The director will
				  explain in a written decision the reasons for a determination and for any
				  remedy selected.
(f) Except as
				  specified in
				  6 AAC 25.470, a final determination under (a) or (b) of
				  this section will be issued within 90 days after the complaint was filed,
				  unless the complainant consents in writing to an extension. However, if a
				  hearing officer is appointed under
				  6 AAC 25.440(a) (3), the hearing
				  officer shall present a proposed determination to the director within 120 days
				  after the complaint was filed, and the director will issue a final
				  determination within 150 days after the complaint was filed. The final
				  determination will be mailed to the complainant, each respondent, and any other
				  interested person who has asked in writing to be advised of the final
				  determination. It will also be posted on the division's Internet web site and
				  made available on request to any interested person.
(g) Except as described in (f) of this
				  section, if a final determination under (a) or (b) of this section is not or
				  cannot be made within 90 days after the complaint was filed, or within any
				  extension to which the complainant consents, the complaint will be referred for
				  final resolution under
				  6 AAC 25.470. The record compiled under
				  6 AAC 25.440(c) will be made available
				  for use under
				  6 AAC 25.470.
(h) The final determination under (a) or (b)
				  of this section constitutes the final decision of an administrative agency
				  under AS
				  22.10.020(d), for which
				  review may be sought under the Alaska Rules of Appellate Procedure.
Authority:
AS
						15.15.010