Section 6 AAC 30.460 - Evidence(a) The administrative law judge or hearing examiner shall admit and give probative effect to evidence that is admissible in the superior court. The administrative law judge or hearing examiner shall admit and weigh other evidence on which reasonable persons are accustomed to rely in the conduct of their serious affairs.(c) A party may introduce an affidavit as evidence at a hearing if the party serves a copy of the affidavit at least 10 days before the hearing. The affidavit must be accompanied by a notice of intent to introduce the affidavit into evidence at the hearing and must notify the opposing party that he or she has seven days in which to request cross-examination. Unless the opposing party serves the proponent with a request to cross-examine an affiant within seven days after service of the affidavit, his or her right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, will be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not given after request for it is made, the affidavit may only be used to supplement or explain direct testimony and is not sufficient by itself to support a finding.Eff. 6/6/75, Register 54; am 12/17/76, Register 60; am 3/12/81, Register 77; am 12/14/2007, Register 184This section was based on 6 AAC 30.055(a) before 3/12/81. The history note in this section contains the history of 6 AAC 30.055(a) before 3/12/81.
Authority:AS 18.80.050
AS 18.80.060
AS 18.80.120