2 AAC 93.030 - Procedures for hearing
(a) A request by the petitioner for the
hearing officer to review non-testimonial evidence, affidavits, or motions must
be delivered to the hearing officer or, if mailed, postmarked at least 10
working days before the scheduled date of the hearing. A request to review an
audio, video, or compact disc recording submitted as evidence by the petitioner
must be accompanied by a letter explaining the contested issue and describing
where the relevant evidence is located on the recording.
(b) A request by the petitioner for the
hearing officer to subpoena a witness must be delivered to the hearing officer
or, if mailed, postmarked at least 10 working days before the scheduled date of
the hearing. A subpoena request for the participation of a peace officer must
contain the officer's name and law enforcement agency. A subpoena request for
an individual witness must contain the person's full name, address, and
telephone number. Failure to conform to these requirements will be considered a
waiver of the right to compel, with a subpoena, a witness to testify at the
hearing. For witnesses other than peace officers, the petitioner is responsible
for the fees, travel expenses, and per diem of witnesses.
(c) The contents of the division's hearing
file may be reviewed at no charge at the hearing office during normal business
hours. A copy of the hearing file may be obtained by written request and upon
prepayment of reproduction costs. The written request for a copy of the file
contents must be delivered to the hearing office or, if mailed, postmarked at
least 10 working days after the issue date of the notice of administrative
hearing. Upon receipt of the written request, the department will send a
payment due letter detailing the cost of reproduction. The hearing will not be
postponed to review or copy the contents of the hearing file, unless the delay
in reviewing or copying is attributable to the division.
(d) The department takes official notice of
the Department of Public Safety, Scientific Crime Detection Laboratory breath
testing manuals to establish the validity of the subject samples. The
department may find substantial compliance with
13 AAC 63.100(c)
if the subsequent verification of calibration is performed not later than 14
calendar days after the subject sample of the party requesting a hearing, and
if the report prepared under
13 AAC 63.100(c)
verifies that the calibration of the breath test instrument is
accurate.
Notes
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.