2 AAC 93.020 - Scheduling of hearing

(a) A hearing will be scheduled to be conducted during normal business hours. A petitioner may request one change to the date or time of the hearing if the petitioner has a preexisting conflict with the hearing date set by the department. The petitioner must make the request to change the date or time of the hearing in writing explaining the nature of the conflict. The request must be delivered to the hearing officer or, if mailed, postmarked within 10 working days after the issue date of the notice of hearing. The hearing officer may grant or deny the request based on the hearing officer's scheduling considerations.

(b) A petitioner who has not been granted a scheduling change under (a) of this section may request a postponement of the hearing for good cause. The request to postpone the hearing must precisely state the reason for the request, must be verified under oath by the petitioner, if practical, and must be received by the hearing officer before the scheduled time of the hearing. The determination of good cause and the granting of a postponement due to a good cause request is solely at the discretion of the hearing officer. An avoidable scheduling conflict, including a conflict with the schedule of the petitioner's counsel, that arises after the issue date of the notice of hearing may not be considered good cause, unless the request to reschedule the hearing conforms to the time requirements of (a) of this section. For the purpose of this subsection, "good cause" includes a serious and unavoidable emergency or physical incapacity requiring hospitalization.

(c) Unless a postponement is requested by the division, or made due to a serious and unavoidable emergency or the petitioner's physical incapacity requiring hospitalization, a temporary permit issued under AS 28.15.166(c) or AS 28.15.184(c) will not be extended beyond the original date and time of the hearing. A temporary permit will not be extended to accommodate a scheduling change requested by a petitioner under (a) of this section.

Notes

2 AAC 93.020

Eff. 7/1/2006, Register 178

Authority:AS 28.05.011

AS 28.05.111

AS 28.05.131

AS 28.05.141

AS 28.15.166

AS 28.15.185

AS 28.22.041