Alaska Administrative Code › Title 9 - Law › Chapter 64 - Procedures for Complaints Against Administrative Law Judges or Hearing Officers › 9 AAC 64.050 - Hearings on complaints

Current through May 31, 2024
(a) If the attorney general determines after
			 investigation that there is probable cause to believe that a violation of
			 AS
			 44.64.050 or
			 2 AAC 64.010 -
			 2 AAC 64.050 occurred, the attorney general will
			 designate an adjudicator to hold a hearing on the complaint.
(b) When the attorney general designates an
			 adjudicator to hold a hearing on a complaint, the attorney general will notify
			 in writing the person making the complaint, the subject of the complaint, and
			 the investigator. In the notice, the attorney general will identify the
			 adjudicator.
(c) The subject of the
			 complaint or the investigator may object to the designated adjudicator by
			 submitting to the attorney general a written statement describing the grounds
			 for objection. An objection is timely if the attorney general receives the
			 written statement of objection within 15 days of the date of distribution of
			 the attorney general's notice of designation of the adjudicator. If the
			 attorney general receives a timely objection, the attorney general will
			 consider the objection and determine whether the designated adjudicator can
			 accord a fair and impartial hearing. If the attorney general determines that
			 the designated adjudicator cannot accord a fair and impartial hearing, the
			 attorney general will withdraw the designation and designate a different
			 adjudicator, subject to the notice and objection provisions of (b) of this
			 section and this subsection. If the attorney general determines that the
			 designated adjudicator can accord a fair and impartial hearing, the attorney
			 general will notify in writing the subject of the complaint and the
			 investigator.
(d) The adjudicator
			 shall hold a hearing on the complaint unless the subject of the complaint and
			 the investigator agree in writing that a hearing is unnecessary for preparation
			 of proposed findings and recommendations for corrective or disciplinary action
			 concerning the complaint.
(e) If
			 the adjudicator holds a hearing on the complaint,
(1) the adjudicator shall set a time and
			 place for the hearing and notify the person making the complaint, the subject
			 of the complaint, and the investigator;
(2) the person making the complaint may
			 attend the hearing;
(3) the subject
			 of the complaint may attend the hearing, present evidence, examine and
			 cross-examine witnesses, and be represented by counsel;
(4) the investigator shall attend the
			 hearing, and may present evidence and examine and cross-examine
			 witnesses;
(5) the adjudicator may
			 question witnesses at the hearing;
(6) the adjudicator may grant requests to
			 participate by telephone in the hearing;
(7) the adjudicator may issue procedural
			 orders governing the exchange of information between the subject of the
			 complaint and the investigator in preparation for the hearing;
(8) the adjudicator may issue orders
			 governing the presentation of evidence at the hearing;
(9) the rules of evidence used in the courts
			 of the state do not apply to the hearing except as a guide, but the rules of
			 privilege apply as they apply in civil actions in the courts of the state;
			 and
(10) the hearing shall be
			 electronically recorded.