Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 48 - Practice and Procedure › Article 1 - Practice Before the Commission › 3 AAC 48.165 - Hearings assigned to administrative law judge or hearing officer

Current through May 31, 2024
(a) The
				  commission will, in its discretion, assign a proceeding under AS 42.06 to an
				  administrative law judge or hearing officer, or a proceeding under AS 42.05 to
				  a hearing officer, for hearing and proposed decision. The assignment will be
				  made by order.
(b) Unless
				  specifically ordered otherwise by the commission, in an assigned proceeding an
				  administrative law judge or hearing officer will have all powers which the
				  commission possesses, including ruling on discovery and other prehearing
				  matters, holding prehearing conferences in accordance with
				  3 AAC 48.140, conducting hearings in accordance with
				  3 AAC 48.150(c) and
				  3 AAC 48.151, and ordering briefing in accordance with
				  3 AAC 48.160.
(c) The administrative law judge or hearing
				  officer shall render a proposed decision in writing unless the commission
				  orders that the entire record be certified to the commission for a decision.
				  The administrative law judge or hearing officer shall issue the proposed
				  decision within 60 days after the hearing is concluded or the evidentiary
				  record is closed, whichever occurs later, unless good cause exists to extend
				  that deadline. Findings of good cause must be set out in an order extending
				  that deadline.
(d) A party has 30
				  days after issuance of the proposed decision to comment on the decision. A
				  party disagreeing with the proposed decision shall list the findings or
				  conclusions to which the party takes exception, the reasons why the party takes
				  exception, and the portions of the record by title and page number that the
				  party believes the commission must review in order to evaluate the party's
				  comments.
(e) The commission will
				  consider the proposed decision of the administrative law judge or hearing
				  officer and any comments received on the proposed decision and will issue an
				  order accepting, modifying, or rejecting the proposed decision. The commission
				  will issue its order within 60 days after the deadline for comments on the
				  proposed decision as provided for in (d) of this section, unless good cause
				  exists to extend that deadline. The commission will set out its findings on
				  good cause in an order extending that deadline.
(f) An administrative law judge or hearing
				  officer, at the request of a party or on the judge's or hearing officer's own
				  motion, may certify a question to the commission for decision at any time
				  during a proceeding when it appears to the judge or hearing officer that a
				  novel or unsettled issue of law or policy is involved in the question or that a
				  decision by the commission during the proceeding will simplify or shorten the
				  proceeding. A copy of the certification will be served on all parties. The
				  administrative law judge or hearing officer will set a schedule for briefing
				  the question to the commission, giving consideration to the elements contained
				  in 3 AAC 48.160. The commission will,
				  in its discretion, decide the question or decline to consider it. If the
				  commission does not act within 30 days after the filing of the last brief on
				  the question, unless that time is extended by the commission, the question will
				  be considered to have been declined.
Authority:
AS
						42.04.050
AS 42.04.070
AS 42.04.080
AS 42.05.141
AS 42.05.151
AS 42.06.055
AS
						42.06.140