2 AAC 64.260 - Hearings

(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) on the written record and briefs or other correspondence, with or without oral argument;

(3) in an evidentiary hearing.

(b) The time and place for a hearing or oral argument shall be set by the administrative law judge assigned to hear the case, with due consideration for the convenience of the parties and witnesses and in accordance with any requirements of law on the timing or location of hearings.

(c) Unless applicable law or an order of the administrative law judge requires the physical presence of the parties or witnesses before the administrative law judge, a party, a witness, or a party's attorney or other authorized representative may participate in a hearing, oral argument, or prehearing conference by telephone. The party, party's attorney, or other authorized representative participating by telephone, or whose witness participates by telephone, shall bear the cost of telephonic participation unless the administrative law judge orders otherwise.

(d) Unless the administrative law judge orders otherwise, the sequence of argument and examination of witnesses must conform to the prehearing order.

(e) Unless the administrative law judge orders otherwise, a party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues, even if that matter was not covered in the direct examination, impeach a witness regardless of the party who first called the witness to testify, and rebut adverse evidence. The administrative law judge may question a witness.

Notes

2 AAC 64.260

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.040

AS 44.64.060