Section 18 AAC 15.234 - Administrative law judge(a) Under AS 44.64.030, an administrative law judge will conduct (1) an adjudicatory hearing granted by the commissioner under this chapter; or(2) a hearing granted by the commissioner under this chapter on the existing record and on written briefs.(b) The commissioner may designate (1) the office of administrative hearings to make a recommended or final decision on whether to grant or deny a request for a stay of decision under 18 AAC 15.210;(2) a department employee to make a final decision on a recommendation by the office of administrative hearings to grant or deny an adjudicatory hearing request under 18 AAC 15.200; or(3) a department employee or the office of administrative hearings to make a final department decision after hearing by the office of administrative hearings as provided in AS 44.64.060(e).(c) A department employee designated under (b) of this section(1) may not have been substantively involved in the contested decision;(2) shall be impartial with respect to the subject of the contested decision;(3) if a public officer within the meaning of AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that chapter; and(4) if an attorney, shall comply with applicable rules of professional conduct.(d) If the commissioner designates another individual to act as a designee under (b) of this section, the commissioner will serve notice at the time of the designation to the parties.Eff. 11/5/2017,Register 224, January 2018Authority: AS 46.03.020
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