2 Alaska Admin. Code § 64.370

Current through May 31, 2024

Section 2 AAC 64.370 - Administrative hearing record

(a) The record for the administrative hearing consists of the

(1) referral documents submitted to the office under 2 AAC 64.120;

(2) agency record or the agreed portion of that record, if the administrative hearing is a contest of, or appeal from, an agency decision;

(3) documents and exhibits filed for consideration by the administrative law judge in the case;

(4) recordings of oral proceedings before the administrative law judge, including

(A) a recording of a prehearing conference, oral argument, or evidentiary hearing; and

(B) the transcripts of recordings prepared at the direction, or with the consent, of the office or a court and filed with the office;

(5) the written orders and decisions, including a proposed decision and final decision as required in 2 AAC 64.340, prepared by the administrative law judge and the final decision-maker; and

(6) the recordings of oral proceedings, and the transcripts of recordings prepared at the direction, or with the consent, of the office or a court and filed with the office, except that recordings of privileged or confidential deliberations on a decision by the final decision-maker may not be included in the administrative hearing record unless ordered by a court.

(b) If a decision in an administrative hearing conducted by the office is appealed to court, the office will, at the request of the agency whose decision is appealed, prepare the administrative hearing record and transmit it to the court. The agency is responsible for communicating, directly or through legal counsel, with the court and other parties regarding preparation of the record, including such issues as supplementation of the record, payment of the cost to prepare the record, and extension of the time to file the record. The office will certify and transmit the record to the court, but an administrative law judge is not a representative of the decision-making agency, may not appear in court, and may not file a motion or other document with the court. The agency involved in the administrative hearing shall reimburse to the office the actual expenses the office incurs to prepare the record.

2 AAC 64.370

Eff. 7/2/2006, Register 178

Authority:AS 44.64.020

AS 44.64.040

AS 44.64.060