Alaska Administrative Code

The prohibition in AS 44.64.050 against serving in another judicial or quasi-judicial capacity and against the private practice of law applies to a person employed by the state to work 30 hours or more each week, regardless of the number of hours the employee works in a particula…

(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 ac…

(a) A hearing officer or administrative law judge shall refrain from hearing or otherwise deciding a case presenting a conflict of interest. A conflict of interest may arise from a financial or other personal interest of the hearing officer or administrative law judge, or of an i…

Violation of a provision of AS 39.52 (Executive Branch Ethics Act) by a hearing officer or administrative law judge is grounds for corrective or disciplinary action under AS 44.64.050(d) and 2 AAC 64.060. Notes 2 AAC 64.050 Eff. 7/2/2006, Register 178 As of Register 184 (January …

(a) A violation of 2 AAC 64.010 - 2 AAC 64.050 warrants corrective or disciplinary action unless the violation is mitigated as provided in (b) or (c) of this section. (b) A violation of 2 AAC 64.040(Conflicts) may be mitigated if the hearing officer or administrative law judge di…

(a) A person who believes that a hearing officer or administrative law judge has violated AS 44.64.050 or a provision of 2 AAC 64.010 - 2 AAC 64.050 may file a complaint. The complaint must (1) be in writing; (2) identify the hearing officer or administrative law judge whose cond…

(a) If a complaint alleges facts that, if true, would show that a hearing officer or administrative law judge, who is employed as described in 2 AAC 64.020, violated a prohibition in AS 44.64.050(a), the chief administrative law judge will refer the complaint to the attorney gene…

(a) If the chief administrative law judge determines that AS 44.64.050(c) or 2 AAC 64.080 requires a complaint to be referred to the attorney general, the chief administrative law judge will provide the complaint file to the attorney general and will notify the person who filed t…

(a) The purpose of 2 AAC 64.100 - 2 AAC 64.370 is to implement the requirement of AS 44.64.060 to establish procedures for administrative hearings conducted by the office. (b) The provisions of 2 AAC 64.100 - 2 AAC 64.370 apply to administrative hearings and proceedings conducted…

An administrative hearing within the mandatory jurisdiction of the office is initiated as a statute or regulation of the referring agency may provide. A notice of appeal or request for hearing may not be filed directly with the office by the person contesting the agency decision,…

An agency that grants a request for a hearing within the jurisdiction of the office under AS 44.64.030(a) or other statute or regulation, or that elects to voluntarily refer a proceeding under AS 44.64.030(b), must deliver to the office within the time allowed by statute or regul…

Upon denying a request for hearing, an agency shall deliver a copy of the notice of denial, including a statement of the reasons for the denial as required by AS 44.64.060(b) to the chief administrative law judge. Notes 2 AAC 64.130 Eff. 7/2/2006, Register 178 Authority:AS 44.64.…

An administrative law judge may stay the effect of an agency decision that is contested under this chapter or may vacate a stay granted by the agency, as provided in a statute or regulation or upon delegation by the final decision-maker of authority to order a stay. Notes 2 AAC 6…

After receipt of a timely notice of appeal or of a referral under 2 AAC 64.120, the chief administrative law judge will assign the case to an administrative law judge and the office will distribute to the parties a notice of the assignment. Notes 2 AAC 64.150 Eff. 7/2/2006, Regis…

(a) A party to an administrative hearing may be represented by an attorney or may be self-represented. An agency or entity is self-represented when acting through an authorized employee or officer. The administrative law judge may allow a self-represented party to be assisted by …

(a) To change an administrative law judge assigned to hear a case, a party shall file a written notice and serve a copy of the notice on the other parties in the time allowed by AS 44.64.070(c). (b) To request disqualification of an administrative law judge assigned to an adminis…

(a) The administrative law judge may allow a person to intervene in an administrative hearing if a statute or regulation provides for intervention and the person seeking to intervene shows that intervention is appropriate under the standards set by the applicable law. (b) A perso…

(a) The administrative law judge may consolidate, in whole or in part, two or more proceedings to be held under 2 AAC 64.100 - 2 AAC 64.370, if the administrative law judge determines that a joint hearing will expedite or simplify consideration of the issues and that consolidatio…

(a) Unless otherwise provided by statute, regulation, or written agreement, the parties may engage in alternative dispute resolution, using procedures to which the parties have agreed, if approved by an administrative law judge. Alternative dispute resolution may consist of any m…

(a) If an administrative hearing is subject to a statutory or regulatory deadline for the issuance of a decision, and that deadline is shorter than the deadline set in AS 44.64.060, the hearing will be given scheduling priority as a fast-track hearing. (b) An administrative law j…

(a) An administrative law judge may hold a prehearing conference if a conference will aid resolution of the case or the structuring of efficient and cost-effective proceedings. A prehearing conference may be scheduled by written or telephone notice to the parties or by written or…

(a) At any time before the issuance of a proposed decision, a party who requested an administrative hearing may, without the consent of the other parties, voluntarily dismiss the case by providing written notice, or oral notice on the record during a prehearing conference or hear…

(a) The administrative law judge may require the parties to exchange documents to be offered as exhibits at the hearing and to exchange and file exhibit lists and witness lists before the hearing. (b) The parties may not take depositions, serve interrogatories, requests for admis…

(a) A party may, by motion, request summary adjudication on one or more of the issues in an administrative hearing if a genuine dispute does not exist between the parties on an issue of material fact. The motion may be filed in writing as provided in a prehearing order or may be …

(a) An administrative law judge may order that an administrative hearing be conducted through one or a combination of the following methods, unless another method is prescribed by law or by the agreement governing a voluntary case referral: (1) on motions with oral argument; (2) …

(a) A party may, by motion, request a ruling or order from the administrative law judge on a procedural, evidentiary, or legal issue. A motion may be made in writing, if served on the other parties, or orally, if on the record, during a hearing or a prehearing conference. A non-m…

(a) If the parties have agreed, or the prehearing order has established, that an administrative hearing will be decided on a written motion or on the written record and briefs, the administrative law judge will hear oral argument upon a written request of a party that is filed wi…

(a) The administrative law judge may (1) admit evidence of the type on which a reasonable person might rely in the conduct of serious affairs; (2) refuse to admit evidence that is unduly repetitious; and (3) exclude any documentary, testimonial, or physical evidence that was not …

(a) If a fact may be judicially noticed by the courts of the state, an administrative law judge may take official notice of that fact by informing the parties of, and referring in the administrative hearing record to, the fact that the administrative law judge intends to official…

Before the administrative law judge issues a proposed or final decision, the administrative law judge may allow a party to supplement the record for good cause shown, if another party does not object or, upon objection, is afforded a reasonable opportunity to refute the supplemen…

(a) If a party who filed a notice of appeal or request for hearing fails to participate in a proceeding, the administrative law judge may order or propose the dismissal of the case or the affirmation of the decision contested. (b) If an agency decision is the subject of an admini…

An administrative law judge may allow or require the parties to submit proposed findings of fact and conclusions of law and may use them as an aid in the decision-making process. An administrative law judge need not issue a ruling accepting or rejecting proposed findings and conc…

(a) Unless an administrative hearing is exempted by statute from the hearing procedures in AS 44.64.060, the administrative law judge assigned to hear a case shall issue a proposed decision as provided in AS 44.64.060(d) and (e). The office will distribute a copy of the proposed …

(a) Before action by the final decision-maker, reconsideration to correct typographical or other manifest errors in a proposed decision may be requested by a party and granted by the administrative law judge. (b) A final decision-maker may not reconsider a final decision issued a…

(a) If a party fails to comply with an order, including an order to provide documents or information to another party, the administrative law judge may impose an appropriate sanction, proportionate to the party's conduct, including denial of a motion or other request, denial of t…

(a) The record for the administrative hearing consists of the(1) referral documents submitted to the office under 2 AAC 64.120; (2) agency record or the agreed portion of that record, if the administrative hearing is a contest of, or appeal from, an agency decision; (3) documents…

(a) The time in which to perform an act required or permitted under this chapter is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday. If the last day is a Saturday, Sunday, or state holiday, that day is exclud…

Except as provided in AS 44.64.060 or another statute, as applicable, the administrative law judge, for good cause shown or with the agreement of the parties, may shorten or extend a deadline established in this chapter or in an agency regulation. Notes 2 AAC 64.910 Eff. 7/2/2006…

(a) A document required to be filed under this chapter or by order of an administrative law judge must be filed by first-class mail or personal delivery, unless a statute or order of the administrative law judge requires another method. A party shall serve the other parties, dire…

(a) An original paper filed with the office must be on eight and one-half by eleven inch white paper, and must be typewritten or printed mechanically, unless the paper is a form that was provided by an agency and completed in handwriting or the party filing the paper is unreprese…

(a) A party to an administrative hearing, and the party's representative, shall keep the office and the other parties informed of the party's and representative's current contact information, including mailing address, telephone number, facsimile number, and electronic mail addre…

(a) A document filed with or prepared by the office in an administrative hearing is confidential only as provided by law or court order. An agency or other party filing a confidential document shall provide written notice to the administrative law judge and the other parties of t…

(a) In this chapter, unless the context requires otherwise,(1) "administrative hearing" has the meaning given in AS 44.64.200 and refers to proceedings conducted by the office in a case referred to or otherwise within the office's jurisdiction, regardless of whether the case is a…

The provisions of this chapter apply to the boat registration, numbering, and titling system established under AS 05.25. Notes 2 AAC 70.005 Eff. 2/3/2001, Register 157; am 2/23/2020, Register 233, April 2020 Authority:AS 05.25.055 AS 05.25.056 AS 05.25.095 State regulations are u…

The owner of a boat, except a boat exempt from the registration and numbering provisions of this chapter under AS 05.25.055(i), must register that boat under this chapter if this state is the state of principal use for that boat. The owner of a boat may not register a boat in thi…

(a) Except for a boat that is exempt from the provisions of this chapter under AS 05.25.055(i) or operating under a temporary certificate of number authorized under 2 AAC 70.150, a person may not operate a boat with mechanical propulsion that is required to be registered unless (…

(a) A boat number issued under 2 AAC 70.020 must(1) be painted on or permanently attached to each side of the forward half of the boat, except as provided in (b) - (d) of this section; (2) be in plain vertical block characters no less than three inches high; (3) contrast with the…

Except for a boat number issued to a boat dealer or manufacturer, it is prohibited to transfer the assigned boat number to another boat. Notes 2 AAC 70.040 Eff. 2/3/2001, Register 157 Authority:AS 05.25.055 AS 05.25.095 State regulations are updated quarterly; we currently have t…

A person may not operate a boat under this chapter that displays on its forward half a boat number that is not issued by the department or by another state for that boat. Notes 2 AAC 70.050 Eff. 2/3/2001, Register 157 Authority:AS 05.25.055 AS 05.25.095 State regulations are upda…

The person whose name appears on a certificate of number as the owner of a boat shall remove the number and validation sticker from the boat when (1) the boat is documented by the United States Coast Guard; or (2) this state is no longer the state of principal use for the boat. N…