Alaska Administrative Code › Title 8 - Labor and Workforce Development › Part 7 - Employment Security Division and Alaska Workforce Investment Board › Chapter 85 - Employment Security › 8 AAC 85.153 - Hearing procedures

Current through May 31, 2024
(a) Hearings will be conducted informally and
				in a manner which protects the rights of the parties. The referee will open the
				hearing by summarizing the law and the issues involved. In addition to the
				issues raised by the determination under appeal, the referee may hear and
				decide additional issues which arise during the hearing, if the parties are
				prepared to present these issues. Hearings are open to the public. However,
				upon a showing of potential damage to the property or reputation of a party or
				witness, the appeal referee may close portions of the hearing to the
				public.
(b) A party to the appeal
				may be represented by his counsel, representative, or other agent. If an agent
				charges a claimant a fee in any proceeding before an appeal referee and an
				issue as to the amount of the fee is raised by the claimant, the agent, or the
				appeal referee, the agent may receive for his services no more than an amount
				approved by the appeal referee in a written ruling. The ruling will be given or
				mailed to the claimant and the agent along with a clear statement of the right
				to review the commissioner according to
				8 AAC 85.155. If the fee is for any proceeding before
				the commissioner and an issue is raised, the commissioner shall set the amount.
				In setting the amount of the fee, the appeal referee or the commissioner will
				consider the customary fee for similar services, the difficulty of the
				proceeding, and the amount of benefits involved in the proceeding.
(c) A witness who testifies at an appeal
				hearing must be sworn. A party or witness may present pertinent evidence even
				if the evidence is not admissible in a court. The referee will include in the
				record and consider as evidence all records of the division that are pertinent
				to the issue. Evidence presented or considered which is pertinent to the appeal
				is subject to examination and cross-examination by the referee and by an
				opposing party.
(d) The parties to
				an appeal, with the consent of the appeal referee, may agree in writing to the
				facts involved. A hearing to take additional evidence may be ordered by the
				appeal referee, after the notice required by
				8 AAC 85.152 is given, if the facts agreed to are
				inadequate to determine the appeal.
(e) When the same or substantially similar
				evidence is material to more than one appeal, the appeal referee may
				consolidate the appeals in one hearing.
(1) A
				notice of the consolidation will be included in the notice of hearing required
				by 8 AAC 85.152. However, an
				interested party may waive his right to notice of consolidation.
(2) An interested party may demand a separate
				hearing by filing a demand for a separate hearing at either a local office or
				the central office of the division at least three days before the date set for
				hearing the consolidated appeal. The party will be granted a separate hearing
				only if the party's right to a fair hearing would be prejudiced in a
				consolidated hearing.