8 AAC 61.160 - Powers and duties of the board
(a) When a notice
of contest is filed in accordance with
8
AAC 61.150, the board shall conduct a full and
impartial hearing.
(b) During the
course of the proceedings in a contested case, the board may
(1) administer oaths and
affirmations;
(2) hold conferences
for the settlement or simplification of the issues by consent of the
parties;
(3) make, or cause to be
made, an inspection of the place of employment involved; and
(4) issue subpoenas to compel the attendance
of witnesses and the production of records.
(c) During the course of the proceedings in a
contested case, the board shall
(1) rule upon
offers of proof and receive relevant evidence;
(2) rule upon discovery requests and
determine their scope;
(3) regulate
the course of the hearing and the conduct of the parties and their counsel;
and
(4) consider and rule upon
procedural requests.
(d)
A board member may not discuss the merits of any pending matter with any person
or party unless notice and an opportunity to participate is given to all
parties.
(e) A board member may
disqualify himself or herself from participating in a hearing by giving notice
to the remaining board members.
(f)
A party may request disqualification or removal of a board member. The party
shall file with the board a motion requesting disqualification or removal of a
board member. A motion to disqualify must be supported by an affidavit setting
forth the reasons why the board member should be disqualified from
participating or continuing to participate in the proceedings. The challenged
board member may not vote on the motion. The motion to disqualify will be
granted only if both of the other board members vote to disqualify the
challenged board member.
(g) A
quorum of the board consists of two members. If only two board members hear a
case and, after deliberation, are unable to reach a decision, the absent board
member shall review the entire record and shall deliberate with the other board
members to reach a decision in the case.
(h) The board may authorize a hearing officer
to preside over contested cases, including ruling on prehearing motions,
discovery disputes, and procedural requests, issuing subpoenas, regulating the
course of the hearing, ruling on evidentiary matters, preparing decisions and
orders for the board's review and performing other acts requested by the
board.
Notes
Authority:AS 18.60.020
AS 18.60.057
AS 18.60.093
AS 23.05.050
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