8 AAC 61.175 - Pleadings and parties

(a) Not later than 30 days after receipt by the department of a timely notice of contest, if the matter has not been settled or otherwise resolved, the department will file a complaint with the board. The complaint must specify the alleged violations, proposed penalties, and abatement dates that are contested. A copy of the complaint must be mailed, electronically delivered, or personally delivered to the party filing the notice of contest and to all parties of record.

(b) Not later than 30 days after receipt of the department's complaint, the party against whom the complaint was issued shall file an answer with the board. The answer must contain a statement responding to the allegations in the department's complaint and must include any affirmative defenses known to the party. A copy of the answer must be mailed, electronically delivered or personally delivered to the department and to all parties of record.

(c) An employer, affected employee, or authorized employee representative, who has not filed a notice of contest, may participate as a party in the proceedings before the board by filing a written notice of participation with the board at least 20 days before the hearing. The notice of participation must contain the name, address, and telephone number of the employer, affected employee, or authorized employee representative requesting to participate as a party and must be mailed, electronically delivered or personally delivered to all parties of record. Failure to give notice of participation as a party does not prevent an employer, affected employee, or authorized employee representative, from attending the hearing or testifying as a witness for a party to the hearing.

(d) A party may appear in person or through an attorney. The board may allow a person who is not an attorney to assist a party, for no compensation, in the presentation of the party's case. A corporation may be represented by an authorized officer or agent.

Notes

8 AAC 61.175

Eff. 12/2/94, Register 132; am 11/29/2017,Register 224, January 2018

Authority: AS 18.60.020

AS 18.60.057

AS 18.60.093