reglab/statecodes huggingface dataset:
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 48.080 - Appearances

Current through May 31, 2024
(a) In any formal proceeding in which
				  pleadings are filed, a party may appear before the commission and be
				  represented by
(1) attorneys at law admitted
				  to practice in Alaska;
(2)
				  attorneys at law qualified and entitled to practice before the highest court of
				  record of any other state;
(3)
				  himself or herself;
(4) a
				  co-partner of a partnership;
(5) an
				  officer, or full-time employee, of a corporation;
(6) bona fide officer, or full-time employee
				  of an unincorporated association;
(7) a duly authorized officer, agent or
				  employee of a political subdivision; or
(8) any persons who can satisfy the
				  commission that they possess the qualifications necessary to enable them to
				  render valuable service before the commission, and that they are otherwise
				  competent to advise and assist in the presentation of matters before the
				  commission.
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 48.090 - Filing, service, amendment and disposition of pleadings

Current through May 31, 2024
(a) A document is
				  considered filed with the commission on the date it is officially received by
				  the commission. If a party has the right, or is required, to perform some act
				  within a prescribed period after notice or a pleading is served on that party,
				  and the notice or pleading is served by United States mail or a similar
				  delivery service, by hand, or by electronic means, the prescribed period begins
				  the day after the date of certification of service. In computing any period of
				  time prescribed or allowed by rule, order, or statute, the day of the act,
				  event, or default after which the designated period of time begins to run is
				  not included, in accordance with
				  AS
				  01.10.080. If the last day of the period so
				  computed is a Saturday, Sunday, or state legal holiday, the period runs until
				  the end of the commission's next regular business day. When the period of time
				  prescribed or allowed is less than seven days, intermediate Saturdays, Sundays,
				  and state legal holidays are excluded in the computation. A filing, whether
				  filed on paper or electronically, that the commission receives on a Saturday,
				  Sunday, or state legal holiday, or that the commission receives after 5:00 p.m.
				  on a business day, will be treated as officially received the next business
				  day. The commission will not accept a filing unless the commission receives it
				  free of any delivery charge or claim. In a specific proceeding, the commission
				  may set a deadline that modifies when a filing will be accepted.
(b) Unless otherwise directed by the
				  commission, service of pleadings, orders, and other documents is valid and
				  complete if made in accordance with this subsection, as follows:
(1) except as provided in (3) of this
				  subsection, service is completed by
(A) the
				  commission when it
(i) issues an order by
				  hand, by United States mail or a similar delivery service, or by electronic
				  means to the parties of record; or
(ii) publishes an order in an informational
				  or regulations proceeding on the commission's website;
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 48.095 - Electronic filing requirements

Current through May 31, 2024
(a) Unless
				  otherwise specified by order or another applicable provision of this chapter,
				  all filings submitted to the commission, with the exception of regulatory cost
				  charge reports, may be filed electronically or on paper. Reports submitted in
				  accordance with
				  3 AAC 47.050(b) or
				  3 AAC 47.060 shall be filed electronically, unless waived in
				  accordance with (I) of this section or otherwise specified by order. Parties
				  and their representatives participating in docket proceedings before the
				  commission shall serve and accept service electronically in accordance with
				  3 AAC 48.090(b). An electronic filing
				  with the commission must be made through the commission's electronic filing
				  systems using the commission's website. Public comments may be filed either
				  electronically, including by electronic mail, or on paper. Additional copies of
				  an electronic filing, in any form, are not required, and may be deleted or
				  destroyed by the commission. Electronic mail may be submitted to facilitate the
				  commission staff's work, if requested by the staff or the commission.
(b) Upon request, the commission may issue a
				  user name and password to a person that seeks to file and accept service
				  electronically through the commission's electronic filing systems using the
				  commission's website. Use of the commission's electronic filing systems is
				  subject to the following:
(1) the filer's use
				  of a commission-issued user name and password constitutes the filer's
				  verification that the filer has the requisite authority to make the filing on
				  the filer's own behalf or on behalf of the entity that the filer purports to
				  represent;
(2) if a filer believes
				  that the security of an existing user name or password has been compromised,
				  the filer shall notify the commission and, if possible, change the password
				  immediately;
(3) the commission may
				  revoke a filer's participation in electronic filing and cancel the filer's user
				  name and password if the commission determines that the filer or whoever is
				  using the user name and password is abusing electronic filing
				  privileges;
(4) for purposes of (3)
				  of this subsection, abuse of electronic filing privileges includes knowingly
				  permitting unauthorized use of a user name or password or knowingly engaging in
				  actions that interfere, or attempt to interfere, with the security of the
				  commission's electronic filing systems, including the introduction of a virus
				  or destructive programming into the electronic filing systems;
(5) the commission may authorize additional
				  users associated with a utility, electric reliability organization, pipeline
				  carrier, or other entity.
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 48.100 - General requirements of filings

Current through May 31, 2024
(a) Pleadings
				  before the commission shall be classified and designated as an application,
				  complaint, cross-complaint, petition, protest, answer, reply or
				  motion.
(b) In the order listed
				  below, each pleading shall include
(1) the
				  heading and caption (including the names of the parties and the docket number,
				  if known);
(2) the allegations or
				  statements of fact and law set forth in numbered paragraphs;
(3) the prayer or request of the party filing
				  the pleading;
(4) the signature and
				  execution of the pleading;
(5) the
				  verification in compliance with applicable state law, including AS 09.63, when
				  necessary; and
(6) the proof of
				  service.
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 48.105 - Petitions for reconsideration

Current through May 31, 2024
Within 15 days after an order of the commission is served,
					 a party may file a petition for reconsideration of that order setting out
					 specifically the grounds upon which the petitioner believes the order is
					 unreasonable, erroneous, unlawful, or otherwise defective. The petitioner may
					 also submit a proposed order designed to cure the alleged defects of the
					 commission's order. A party opposing a petition for reconsideration has 10 days
					 after the date on which the petition is filed with the commission to respond.
					 The commission's power to order reconsideration expires 30 days after the date
					 on which the petition for reconsideration is filed with the commission. If the
					 commission takes no action on a petition for reconsideration within the time
					 allowed for ordering reconsideration, the petition is automatically denied. The
					 commission may order reconsideration in writing of all or part of the record in
					 a proceeding together with any additional evidence and argument which may be
					 permitted either in writing or orally. The mere filing of a petition for
					 reconsideration does not excuse the petitioning party from compliance with a
					 decision or order of the commission.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.06.140(a)
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 48.110 - Intervention

Current through May 31, 2024
(a) Petitions for permission to intervene as
				  a party will be considered only in those cases that are to be decided upon an
				  evidentiary record after notice and hearing. Any person who has a statutory
				  right to be made a party to that proceeding will be permitted to intervene. Any
				  person whose intervention will be conducive to the ends of justice and will not
				  unduly delay the conduct of the proceeding will, in the commission's
				  discretion, be permitted to intervene. The commission does not grant formal
				  intervention, as such, in nonhearing matters, and any interested person may
				  file documents authorized under
				  3 AAC 48.010 -
				  3 AAC 48.170 without first obtaining
				  permission.
(b) In passing upon a
				  petition to intervene, the following factors, among others, will be considered:
(1) the nature of the petitioner's right
				  under statute to be made a party to the proceeding;
(2) the nature and extent of the property,
				  financial, or other interest of the petitioner;
(3) the effect on petitioner's interest of
				  the order which may be entered in the proceeding;
(4) the availability of other means by which
				  the petitioner's interest may be protected;
(5) the extent to which petitioner's interest
				  will be represented by existing parties;
(6) the extent to which petitioner's
				  participation may reasonably be expected to assist in the development of a
				  sound record, including the issues that petitioner intends to address in the
				  proceeding; and
(7) the extent to
				  which participation of the petitioner will broaden the issue or delay the
				  proceeding.
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 48.115 - Compensation for consumer participation

Current through May 31, 2024
(a) Unless an
				  alternative means of compensation is provided as described in (g) of this
				  section, an electric consumer who participates in a commission proceeding
				  either as an intervenor or as a public witness, and who substantially
				  contributes to the acceptance, in whole or in part, of a position related to
				  any of the standards contained in Title I, Subtitle B of the Public Utility
				  Regulatory Policies Act of 1978 ( P.L. 95 - 617), as applied to the consumer's
				  utility, will, in the commission's discretion, be compensated for reasonable
				  costs of preparing and advocating that position.
(b) At least 10 days before the beginning of
				  a hearing in which the commission considers any of the standards contained in
				  Title I, Subtitle B, an electric consumer who desires compensation shall file a
				  written statement which includes
(1) notice
				  of intent to request compensation for participation;
(2) the name of the electric utility which
				  serves the consumer; and
(3) a
				  description of the consumer's interest and expected participation in the
				  proceeding.
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 48.120 - Informal complaints

Current through May 31, 2024
(a) If a customer or shipper has an informal
				  complaint against a public utility or pipeline carrier, the complaint must be
				  made first to the utility or carrier. If the complainant is not satisfied with
				  the disposition of the complaint, the complainant or the complainant's
				  authorized representative, may then file a complaint with the commission. A
				  utility or pipeline carrier shall assist a customer or shipper by giving notice
				  on how to follow through on a complaint. An informal complaint to the
				  commission need not be in any particular form and may be either written or
				  oral. The commission will, in its discretion, request written confirmation of
				  an oral complaint. A complaint must include, in as much detail as possible,
(1) every pertinent fact relative to the
				  origin, nature, and basis of the complaint;
(2) everything the complainant has done, or
				  tried to do, either orally or in writing, to resolve the complaint;
(3) the response of the utility or pipeline
				  carrier to the arguments and efforts of the complainant; and
(4) a copy of any written actions to resolve
				  the complaint or other available supporting documents.
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 48.121 - Alternative dispute resolution procedures

Current through May 31, 2024
(a) A person may
				  request alternative dispute resolution by petition if no adjudicatory
				  proceeding is open, or by motion in an existing adjudicatory proceeding. An
				  initiating order in an adjudicatory proceeding will specify the date by which a
				  motion for alternative dispute resolution must be filed.
(b) Except for a dispute over an initial
				  interconnection agreement filed under
				  47 U.S.C.
				  252 (Telecommunications Act of 1996), a
				  telecommunications carrier may submit any dispute with another
				  telecommunications carrier to the commission for resolution under this
				  section.
(c) A petition or motion
				  requesting alternative dispute resolution must contain
(1) a description of the matter to be
				  resolved;
(2) the type of
				  alternative dispute resolution procedure sought;
(3) a request for the commission to appoint
				  an administrative law judge or a statement that outside resources will be
				  used;
(4) a certification that the
				  person attempted to negotiate the matter to be resolved before filing the
				  petition or motion;
(5) a statement
				  that the person believes alternative dispute resolution has a reasonable
				  potential of resolving disputed matters and the reasons supporting that
				  belief;
(6) an explanation of the
				  anticipated effect of alternative dispute resolution on applicable timelines;
				  and
(7) a proposal for concluding
				  the adjudicatory proceeding within applicable timelines.
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 48.130 - Formal complaints, protests and investigations

Current through May 31, 2024
(a) A formal
				  complaint or protest shall be in writing and should
(1) be so drawn as to fully inform the
				  respondent or respondents and the commission as to how applicable provisions of
				  the utility's, electric reliability organization's, or pipeline carrier's
				  effective tariff or of the governing law, rules, regulations, or order of the
				  commission have been, are being, or will be violated by the acts or omissions
				  in question;
(2) set forth
				  concisely, and in plain language, the facts and circumstances on which the
				  complaint or protest is predicated;
(3) state the relief sought by the
				  complainant;
(4) comply with
				  3 AAC 48.090 -
				  3 AAC 48.100.
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 48.141 - Scope of discovery

Current through May 31, 2024
A party may obtain discovery from another party regarding
					 any matter, not privileged, that is relevant to the subject matter of the
					 proceeding, if the matter is admissible in evidence under
					 3 AAC 48.154 or appears reasonably calculated to lead to
					 the discovery of admissible evidence. Upon motion by a party the presiding
					 officer may limit discovery otherwise obtainable if the moving party
					 establishes that the burden and expense of the requested discovery outweighs
					 its likely benefit.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.671
AS 42.06.140
AS
						42.06.445
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 48.142 - Service of discovery

Current through May 31, 2024
Discovery requests and responses to discovery requests must
					 be served electronically as provided in
					 3 AAC 48.090(b)(2), (4), and (5),
					 unless electronic filing has been waived under
					 3 AAC 48.095(l) or the sending and
					 receiving party agree to alternative means of service. If electronic filing has
					 been waived the parties shall determine how discovery is served. Responses to
					 discovery requests may be shared among the parties by other means, if all
					 parties agree. If the parties cannot agree on how discovery is served, the
					 presiding officer will determine how discovery is served. Discovery requests
					 and responses to discovery requests are not filed with the commission when
					 served.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.671
AS 42.06.140
AS
						42.06.445
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 48.143 - Discovery requests and responses

Current through May 31, 2024
(a) A party may
				  obtain discovery from another party through interrogatories, requests for
				  production, and requests for admission. A party may notice and conduct a
				  deposition only upon agreement of all parties or with permission of the
				  presiding officer upon motion and a showing that the information sought cannot
				  be efficiently obtained through a less burdensome form of discovery.
(b) A party from whom discovery is requested
				  shall address each discovery request by answering the discovery request,
				  furnishing the documents requested, objecting to the discovery request, or
				  asserting privilege. A party responding to a discovery request shall identify
				  in its response each person who supplied the information contained in the
				  response.
(c) If a party objects
				  to a discovery request, the party shall state the basis for the objection and
				  the facts justifying the objection and respond to the discovery request to the
				  extent the discovery request is not objectionable. If a party asserts
				  privilege, the party shall specify the privilege and respond to the discovery
				  request to the extent the response is not privileged.
(d) A party shall promptly amend or
				  supplement its response to a discovery request if, during the proceeding, the
				  party determines that the response was inaccurate or incomplete or finds
				  additional information responsive to the discovery request.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.671
AS 42.06.140
AS
						42.06.445
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 48.145 - Confidential discovery

Current through May 31, 2024
After notice to the other parties, a party may request that
					 the presiding officer issue an order governing the production in discovery and
					 use by parties of confidential information. A party expecting to produce
					 confidential information in discovery shall request issuance of a
					 confidentiality order. Upon request, the presiding officer shall issue a
					 confidentiality order appropriate to the proceeding. The parties may agree on
					 the terms of a confidentiality order and submit the proposed order to the
					 presiding officer for issuance.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.671
AS 42.06.140
AS
						42.06.445
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 48.150 - Hearings

Current through May 31, 2024
(a) The commission shall give parties
				  reasonable notice of a hearing or of the change in the date and place of a
				  hearing and the nature of such hearing.
(b) Repealed 6/29/84.
(c) The person designated to conduct a
				  hearing shall have authority, subject to possible contrary rulings by the
				  commission
(1) to regulate the course and
				  conduct of a hearing;
(2) to
				  administer oaths and perform other functions set forth in
				  AS
				  42.05.151(c);
(3) to rule upon offers of proof and receive
				  evidence;
(4) to call and preside
				  at pre-hearing conferences before a hearing, and informal conferences during a
				  hearing;
(5) to dispose of
				  procedural motions, requests and other similar matters, except a motion to
				  dismiss a proceeding or any other motion that would be dispositive of a
				  proceeding;
(6) to fix the time and
				  order for filing and service of briefs; and
(7) to take any other action necessary and
				  appropriate to the discharge of the presiding officer's duties, consistent with
				  the statutory and other authority under which the commission
				  functions.
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 48.151 - Order of hearing

Current through May 31, 2024
As the first order of business at a hearing, the presiding
					 officer shall call the docket by reading the docket number and caption and
					 shall state on the record when and how notice was given as to the time, place,
					 and nature of the hearing. The presiding officer may also make a concise
					 statement of the scope and purpose of the hearing and the issues involved.
					 After that, all parties, either on their own behalf or through their attorneys
					 or other authorized representatives, shall enter their appearances by giving
					 their names and addresses to the reporter, together with the party on whose
					 behalf they are appearing. The procedure in a hearing may be determined by
					 stipulation in a prehearing conference, or by the presiding officer, subject,
					 in either case, to approval, rejection, or modification by the commission.
					 Otherwise, the matters considered at a hearing, after all appearances have been
					 entered, will ordinarily be disposed of in substantially the following
					 order:
(1) pending motions;
(2) stipulations of the parties;
(3) opening statements;
(4) presentation of cases as follows, unless
				  otherwise ordered by the commission:
(A) in
				  regard to an investigation on motion of the commission, the commission will
				  hear
(i) the attorney general's direct
				  case;
(ii) each intervenor's direct
				  case in the order in which the petitions for intervention were filed with the
				  commission;
(iii) the respondent's
				  direct case; and
(iv) rebuttal by
				  the attorney general;
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 48.152 - Consolidated hearings

Current through May 31, 2024
In hearings of several proceedings upon a consolidated
					 record, the presiding officer shall designate who shall open or close.
					 Intervenors shall follow the party named in the petition to intervene. If the
					 intervenor is not an original party, the presiding officer shall decide the
					 stage at which the intervenor will be heard. When two or more proceedings are
					 heard at the same time and place, the proceeding having the lowest docket
					 number must be heard first if all parties are ready. The presiding officer may
					 direct a different order to suit the convenience of the
					 parties.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.06.140(a)
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 48.153 - Prefiled testimony

Current through May 31, 2024
(a) The written testimony of a witness in
				  question form, or in narrative form if allowed by the commission for good cause
				  shown in advance of the prefiling deadline, will, if directed by the
				  commission, be presented instead of the witness' oral testimony. After an
				  exhibit containing the witness' testimony has been properly identified and
				  authenticated by the witness, under oath, it may be marked and introduced as an
				  exhibit. Written testimony must be as complete and accurate as if it were oral
				  testimony, and it is subject to the same rules of evidence as if given orally.
				  The witness shall be subject to cross-examination, and the presiding officer
				  may require the testimony to be given orally. Written testimony may not be used
				  unless it has either been filed and served on all parties the same as any other
				  exhibit, or unless the parties have stipulated that it may be accepted by the
				  commission at the hearing. A party who opposes the introduction of written
				  testimony may make an oral or written protest, and the presiding officer, or
				  the commission, will make an appropriate ruling on the matter. The commission
				  will, in its discretion, require the presentation of written testimony instead
				  of oral direct examination, if it considers that doing so would be conducive to
				  a fair and expeditious disposition of the proceeding. A party objecting to such
				  a requirement will be afforded an opportunity to be heard, and the commission
				  will then ratify, revise, or rescind its action.
(b) Each page of prefiled testimony must be
				  numbered at the bottom with consecutive Arabic numerals. Schedules, appendices,
				  documents, or other attachments to prefiled testimony must be identified in the
				  manner prescribed in
				  3 AAC 48.154(e). If any of these items
				  contain more than one page, each page must be numbered at the bottom by
				  consecutive Arabic numerals.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.06.140(a)
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 48.154 - Evidence and exhibits

Current through May 31, 2024
(a) All relevant evidence which, in the
				  opinion of the presiding officer, is the best evidence reasonably obtainable,
				  with due regard to its necessity, availability, and trustworthiness, is
				  admissible. In passing upon the admissibility of evidence, the presiding
				  officer may consider, but is not bound to follow, the rules of evidence
				  governing general civil proceedings, in matters not involving trial by jury, in
				  the courts of the State of Alaska. When objection is made to the admissibility
				  of evidence, the evidence may be received subject to later ruling by the
				  commission. The presiding officer may, either with or without objection,
				  exclude inadmissible evidence or order repetitive evidence discontinued. A
				  party objecting to the introduction of evidence shall state the grounds for the
				  objection at the time the evidence is offered but need not reaffirm the
				  objection repeatedly after that. The presiding officer may, either orally or in
				  writing, issue procedural orders and rulings pertaining to the conduct of a
				  hearing. If in writing, an order or ruling must be in substantially the same
				  format as a regular commission order in the same proceeding in regard to
				  placement of the heading, the correct docket number, caption, etc., except that
				  they shall be designated as "HEARING ORDER NO. 1, 2, 3," etc., in the space to
				  the right of the caption. Every hearing order is a part of the evidentiary
				  record of the proceeding.
(b) In
				  addition to matters of which courts of the State of Alaska take judicial
				  notice, the commission will take official notice of
(1) all rules, regulations, administrative
				  rulings, and orders, exclusive of findings of fact, of the commission or
				  another comparable federal or state regulatory body or agency;
(2) the contents of certificates of public
				  convenience and necessity or electric reliability organization certificates
				  granted by the commission;
(3) the
				  tariffs and special contracts regularly established by or filed with the
				  commission as required or authorized by law;
(4) any annual or other report on file with
				  the commission except those that are privileged; or
(5) the results of its own inspection of the
				  physical conditions involved; however, the commission will state on the record
				  a summary of its observations.
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 48.155 - Rights and obligations of parties

Current through May 31, 2024
(a) Unless a
				  party's rights are expressly limited by commission order, or a party or the
				  party's authorized representative waives any right or rights, each party to an
				  adjudicative proceeding has the right to
(1)
				  make an opening statement;
(2)
				  present an affirmative or direct case;
(3) cross-examine witnesses of other parties
				  and public witnesses;
(4) object to
				  the introduction or exclusion of testimony or other evidence;
(5) argue points of law;
(6) make a closing statement;
(7) submit timely briefs; and
(8) exercise all other rights commonly and
				  ordinarily accruing to parties in administrative adjudicative proceedings,
				  including, but not limited to, the right of discovery.
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 48.156 - Hearing record

Current through May 31, 2024
(a) A tape recording will be made of the
				  record of each hearing regardless of whether all or part of the record is also
				  made with the aid of shorthand or stenotype notes. The hearing record will be
				  made by a member of the commission staff designated for the purpose, by a
				  professional reporter, or, in exceptional cases and by direction of the
				  commission, by someone who is not a professional reporter. Unless otherwise
				  directed by the commission, a transcript of all recorded proceedings will be
				  prepared. The original typewritten transcript, along with the unerased tape
				  used to record the hearing, will be submitted to the commission. The transcript
				  will be retained as the commission's permanent official record. Upon submission
				  of the original transcript to the commission, the transcript becomes a public
				  document subject to those statutes and regulations governing public access to
				  and reproduction of public documents. Parties or individuals requesting copies
				  or excerpts of a transcript before submission of the original transcript to the
				  commission shall make arrangements with the reporter for this service.
				  Transcripts will be numbered consecutively starting with page one in the first
				  volume and ending with the last page in the last volume. If necessary to
				  expedite the preparation of a daily transcript, it is permissible to skip page
				  numbers between volumes but, in no event, may any volume after the first start
				  with page one. References to the transcript in briefs, orders, etc., must be to
				  the official transcript prepared by the court reporter and by the abbreviation,
				  in parentheses, "Tr." followed by the page, or pages, of the transcript to
				  which reference is made. Reference to volume numbers need not be made, but is
				  not prohibited. The commission will, in its discretion, initially pay the
				  entire cost for recording a hearing as well as the cost for production of the
				  original transcript, but later will allocate all or part of the cost to the
				  parties under
				  AS
				  42.05.651 or
				  AS
				  42.06.610.
(b) A tape used to record a hearing may not
				  be released by the commission or the court reporter to any party for the
				  preparation of an unofficial transcript. Excerpts from a tape recording of a
				  hearing may be prepared only by the commission or the court reporter.
(c) Certified copies of a transcript may be
				  obtained only from the court reporter or from the commission.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.651
AS
						42.06.140(a)
AS 42.06.260
AS
						42.06.610
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 48.157 - Allocation of costs

Current through May 31, 2024
(a) After each hearing or investigation in
				  which costs allocable under
				  AS
				  42.05.221,
				  42.05.401(b),
				  42.05.651, or
				  AS
				  42.06.610 have been incurred and the
				  commission decides to allocate those costs to a party or the commission, the
				  commission will enter a cost allocation order, with appropriate discussion and
				  findings, which includes
(1) a summary of all
				  the allocable expenses incurred by the commission, whether paid or
				  not;
(2) the beginning and ending
				  dates of the hearing or investigation;
(3) the identification of each party that
				  entered an appearance;
(4) the
				  amount allocated to each party and to the commission itself;
(5) if applicable, the identification of each
				  party to whom no cost has been allocated, and the reason;
(6) if applicable, the reason the commission
				  has decided, in its discretion, to assume all the costs.
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 48.159 - Standards of conduct - Hearing decorum

Current through May 31, 2024
(a) Hearings before
				  the commission must be conducted with fitting dignity and decorum. Conduct
				  amounting to contempt at a public hearing is grounds for exclusion from the
				  hearing and for summary suspension for the contemptuous person, without a
				  hearing, for the duration of the hearing.
(b) Except as ordered otherwise by the
				  commission, there shall be free access for the news media to all public
				  hearings as long as the media exercise discretion and good judgment in their
				  conduct.
(c) Smoking is not
				  permitted at a formal hearing or prehearing conference while it is in session
				  but will, in the commission's discretion, be permitted during recesses outside
				  the hearing room.
Authority:
AS
						42.05.141
AS 42.05.151
AS
						42.06.140(a)
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 48.160 - Briefs

Current through May 31, 2024
(a) The commission or the presiding officer
				  will fix the time for the filing and service of briefs with due regard to the
				  immediacy of the decision size of the record, and the nature, complexity, and
				  importance of the proceeding or of the issues involved. The commission or the
				  presiding officer will, in their discretion, decide the order in which briefs
				  will be filed and any limitation on the number of pages that may be contained
				  in a brief.
(b) Except as otherwise
				  provided in this section, briefs must be submitted in compliance with the
				  provisions of
				  3 AAC 48.090 -
				  3 AAC 48.100, including requirements dealing with
				  heading, caption, size of paper, typing, margins, number of copies, and proof
				  of service.
(c) The commission or
				  the presiding officer will, in their discretion, require the parties and their
				  counsel or other authorized representatives to present their arguments and
				  authorities orally at the close of the hearing instead of by written
				  brief.
(d) Requests for extension
				  of time in which to file briefs shall be in writing and be served upon all
				  parties of record, or upon their attorneys or authorized representatives, and
				  be submitted to the commission at least five days before the date fixed for
				  filing the briefs.
(e) Every brief
				  shall contain
(1) a table of contents and
				  subject index with page references;
(2) a list of all cases and authorities
				  cited, arranged alphabetically, with page references;
(3) a concise statement of
(A) the nature and history of the
				  proceeding;
(B) the questions to
				  which the brief is directed;
(C)
				  the facts relied upon with references to the testimony and exhibits
				  cited;
(4) the argument
				  under as many appropriate headings as there are major points argued.
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 48.166 - Stipulations

Current through May 31, 2024
Parties may stipulate among themselves to the disposition
					 of a proceeding or to the disposition of outstanding issues in a proceeding by
					 written agreement filed with the commission or by oral statement presented on
					 the record. The parties are bound by the terms of the stipulation if the
					 commission accepts it. The parties may present a statement of the facts
					 supporting the stipulation. The commission is not bound to adopt a stipulation
					 by the parties. The commission will, in its discretion, require evidence to
					 support a finding that the stipulation is in the public interest and consistent
					 with controlling law. If the commission rejects a stipulation, the commission
					 will, in its discretion, provide an additional opportunity for the parties to
					 present evidence and arguments on the subject matter of the rejected
					 stipulation. The commission will rule on a stipulation within 30 days after it
					 is filed with the commission, unless that time is extended for good cause. The
					 commission will set out findings on good cause in an order extending that
					 deadline.
Authority:
AS
						42.04.080
AS 42.05.141
AS 42.05.151
AS 42.05.171
AS 42.05.191
AS 42.06.055
AS
						42.06.140
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 48.168 - Concurrent hearings

Current through May 31, 2024
(a) In hearings held concurrently with
				  another governmental agency the commission, through its presiding officer
				  designated to preside at the concurrent hearings, will, in its discretion,
				  allow variance from the procedures set out in
				  3 AAC 48.151 -
				  3 AAC 48.160 to facilitate the conduct of the concurrent
				  hearings. The presiding officer will state on the record of the hearing the
				  variances allowed, the citation to the regulations being varied, and the reason
				  for allowing the variance.
(b) To
				  facilitate the conduct of concurrent hearings, the commission may vary any
				  provision of 3 AAC 48 by order stating the reason for the variance.
As of Register 170 (July 2004), the regulations attorney
						made technical revisions under
						AS
						44.62.125(b)(6) to correct
						authority citations for
						3 AAC 48.168.
Authority:
AS
						42.04.050
AS 42.05.141
AS 42.05.151
AS
						42.06.140
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 48.170 - Ethical standards, violations

Current through May 31, 2024
(a) Any person
				  transacting business with the commission shall maintain at all times the
				  respect due the commission, its presiding officers, legal counsel and its staff
				  and shall never knowingly, by artifice, misstatement or silence, lead or allow
				  them to believe in a false factual or legal proposition relevant to the
				  discharge of their responsibilities. Members of the legal, accounting,
				  financial and engineering professions shall also comply with the ethical
				  standards of their respective professions.
(b) Depending upon the gravity of the
				  violation and the source of responsibility for it, a violation of ethical
				  standards may result in
(1) preclusion from
				  further participation of the party or the party's authorized representative in
				  the proceeding in which the infraction occurs or in any other proceeding before
				  the commission;
(2) referral of the
				  violation to the appropriate professional body or public authority for
				  disciplinary action;
(3) a finding
				  of unfitness of an applicant or utility, electric reliability organization, or
				  pipeline carrier with consequent revocation, suspension, or denial of operating
				  authority; or
(4) the imposition of
				  any sanction appropriate to the offense and consistent with law.
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 48.180 - Public meetings

Current through May 31, 2024
Subject to the exceptions in
					 AS
					 44.62.310 and
					 AS
					 42.05.161, meetings of the commission are
					 public.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.161
AS
						42.06.140(a)
AS 44.62.310
AS
						44.62.312
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 48.181 - Types and scheduling of public meetings

Current through May 31, 2024
(a) Unless
				  otherwise noticed under
				  3 AAC 48.182, regular public meetings will be held by
				  the commission twice a month on dates set by the commission at 9:00 a.m. in the
				  commission's offices in Anchorage.
(b) A special public meeting will be held by
				  the commission when necessary to conduct official business on any matter that
				  requires action by the commission before the next regular public meeting of the
				  commission. Unless otherwise noticed under
				  3 AAC 48.182, a special public meeting of the commission
				  will begin at 9:00 a.m. in the commission's offices in Anchorage. The number of
				  special public meetings will be kept to a minimum.
(c) An emergency public meeting will be held
				  by the commission when the commission determines it is necessary to conduct
				  official business on any matter that requires action by the commission on an
				  expedited basis. The number of emergency public meetings will be kept to a
				  minimum.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.05.161
AS 42.06.140
AS 44.62.310
AS
						44.62.312
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 48.182 - Notice of public meetings

Current through May 31, 2024
(a) Reasonable
				  public notice will be given by the commission as provided in this section for
				  all public meetings of the commission.
(b) Notice of a regular or special public
				  meeting may be published by the commission in a newspaper of general
				  circulation in the area where the meeting will be held and teleconferenced.
				  Notice will be posted at the commission's offices and may be posted on the
				  commission's website. Notice of a regular and special meeting will include the
				  date, time, and place of the meeting; general topics to be discussed or
				  considered; and the location of any teleconferencing facilities that will be
				  used.
(c) Notice of an emergency
				  public meeting may be published by the commission as provided for under (b) of
				  this section if the commission determines that sufficient time is available.
				  Otherwise, notice of an emergency public meeting will be posted by the
				  commission on the public notice board at the commission's offices and may be
				  posted on the commissfon's website. Notice of an emergency public meeting will
				  include the date, time, and place of the meeting; general topics to be
				  discussed or considered; and location of any teleconferencing facilities that
				  will be used. Reasonable attempts will be made in writing or by telephone by
				  the commission to provide notice to known interested persons on the topics
				  scheduled for the emergency public meeting.
(d) Repealed 11/6/2016.
Authority:
AS
						42.05.141
AS 42.05.151
AS 42.06.140
AS
						44.62.310