Section 6 AAC 30.410 - Commencement of hearing process(a) If the executive director refers a complaint to the commission for hearing, the chairperson shall appoint at least three commissioners to hear and decide the case. The chairperson may replace a hearing commissioner at any time before issuance of a final order.(b) The commission shall request that the office of administrative hearings appoint an administrative law judge to preside as the hearing examiner at the hearing.(c) The administrative law judge or hearing examiner shall conduct a prehearing conference to establish a schedule for discovery, briefing, and exchange of witness lists, and to set the hearing date.(e) The original pleadings, motions, stipulations, briefs, and other documents required to be filed before the hearing must be filed with the administrative law judge or hearing examiner, and served on the parties. Documents must be captioned in the same manner as the accusation and must include the commission's case number.(i) The respondent shall file and serve an answer to the accusation within 20 days after service of notice of assignment of an administrative law judge or hearing examiner. The answer must fairly meet the substance of the accusation and must contain a general or specific admission or denial of the allegations in the accusation. If the respondent lacks knowledge or information, a statement of that lack has the effect of a denial. The answer must state any matter that is a defense. Any allegation in the accusation that is not denied or admitted in the answer will be considered admitted.(j) If an accusation is amended, the respondent shall file and serve an answer to the amended accusation within 20 days after service. If any part of an amended accusation is referred for conciliation under AS 18.80.120(c) and conciliation efforts are not successful, the respondent shall file an answer to the amended accusation within 10 days of the executive director's notice of the failure of the conciliation.Eff. 12/7/63, Register 13; am 11/2/74, Register 52; am 6/6/75, Register 54; am 12/17/76, Register 60; am 1/14/77, Register 70; am 3/12/81, Register 77; am 7/3/96, Register 138; am 1/2/2004, Register 168; am 12/14/2007, Register 1846 AAC 30.410(a), (b), (g) and (j) were based on 6 AAC 30.060(b), 6 AAC 30.055, 6 AAC 30.010(i) and 6 AAC 30.050 respectively before 3/12/81. The history note in this section contains the history of 6 AAC 30.060(b), 6 AAC 30.055, 6 AAC 30.010(i) and 6 AAC 30.050 before 3/12/81.
Authority:AS 18.80.050
AS 18.80.060
AS 18.80.120