Alaska Administrative Code › Title 2 - Administration › Chapter 64 - Administrative Hearings › Article 1 - Code of Hearing Officer Conduct › 2 AAC 64.030 - Canons of conduct

Current through May 31, 2024
(a) The canons of conduct in
				AS
				44.64.050(b) are part of the
				code of hearing officer conduct. A hearing officer or administrative law judge
				shall comply with the canons and requirements of
				2 AAC 64.010 -
				2 AAC 64.090. Noncompliance may be grounds for
				corrective or disciplinary action under
				AS
				44.64.050(d) and
				2 AAC 64.060.
(b) To comply with the requirement
(1) to uphold the integrity and independence
				of the office and of the hearing function, a hearing officer or administrative
				law judge shall establish and personally observe high standards of conduct, and
				avoid improper ex parte communications with private and agency parties about
				the subject of a hearing request, so that the integrity and independence of the
				office and the hearing function will be preserved;
(2) to avoid impropriety and the appearance
				of impropriety, a hearing officer or administrative law judge shall
(A) respect and follow the law;
(B) act in a manner that promotes public
				confidence in the hearing function; and
(C) refrain from allowing familial, social,
				political or other relationships to influence the conduct of the
				hearing;
(3) to perform
				the duties of the office or of the hearing function impartially and diligently,
				a hearing officer or administrative law judge
(A) shall faithfully follow the
				law;
(B) shall maintain
				professional competence in the law;
(C) may not be swayed by partisan interests
				or fear of criticism;
(D) shall
				maintain order and decorum in hearings and related proceedings;
(E) shall show patience, dignity, and
				courtesy to all parties, their representatives, witnesses, and others with whom
				the hearing officer or administrative law judge deals in an official capacity,
				and shall require similar behavior from parties and their
				representatives;
(F) shall refrain
				from initiating, permitting, or considering improper ex parte
				communications;
(G) shall dispose
				of all hearing-related matters promptly, officially, and fairly;
(H) shall require participants in proceedings
				to refrain from manifesting personal bias or prejudice against parties,
				witnesses, their representatives, or others;
(I) shall refrain from making public comment
				outside of the proceedings on a case before the hearing officer or
				administrative law judge while the case is pending; and
(J) shall refrain from disclosing or using,
				for any purpose unrelated to official duties, information acquired in an
				official capacity that by law is not available to the general public;
(4) to conduct unofficial
				activities in ways that minimize the risk of conflict with the obligations of
				the office or the hearing function, a hearing officer or administrative law
				judge shall
(A) seek reassignment of a case in
				which the hearing officer or administrative law judge has a conflict of
				interest under
				2 AAC 64.040; and
(B) conduct unofficial activities so that
				they do not cast reasonable doubt on the hearing officer's or administrative
				law judge's adjudicatory capacity or impartiality, demean the office or the
				hearing function, or interfere with the proper performance of the hearing
				officer's or administrative law judge's official duties; activities that could
				interfere with a hearing officer's or administrative law judge's official
				duties include
(i) advocating a position
				before an executive branch agency on a subject related to decisions that may be
				heard by the hearing officer or administrative law judge;
(ii) representing a person in litigation
				with, or relating to a decision of, a state agency; and
(iii) advising a person about the person's
				rights and responsibilities regarding legal issues that have or might come
				before the hearing officer or administrative law judge for a ruling;
(5) to refrain from
				inappropriate activity in seeking employment with another agency or employer or
				in seeking reappointment, a hearing officer or administrative law judge may not
				discuss the matters that are before the hearing officer or administrative law
				judge with a prospective employer or take or promise any action that could be
				understood reasonably as using the hearing officer's or administrative law
				judge's official position to benefit the prospective employer, other than the
				benefits resulting from employing a person with the skills and experience of a
				hearing officer or administrative law judge.