Section 8 AAC 61.205 - Hearings(a) The board shall schedule hearings on a quarterly basis, unless upon a motion by a party or on its own motion, the board schedules an expedited hearing.(b) At least 30 days before the hearing, the board shall notify all parties at their addresses of record of the date, time, and place of hearing. In an expedited hearing or if an emergency exists, the board shall notify the parties at least 10 days before the hearing date.(c) In determining the place of hearing, the board shall consider the convenience and expense to the board, the parties, and their witnesses.(d) The board may postpone a hearing upon a showing of good cause. A motion to postpone a hearing must be in writing and must set out the reasons for the delay. A motion for postponement filed less than 20 days before the hearing will be denied unless good cause is shown for filing the motion after that time. A party's failure to obtain counsel or make discovery in a timely fashion will not be considered good cause for postponement.(e) The board or its authorized designee may issue subpoenas under 8 AAC 61.160 upon application by a party. An application for a subpoena must be in writing and must state the name of each witness or describe an item of evidence with sufficient detail so that the witness or item of evidence can be readily identified. The preparation and service of a subpoena, including the payment of applicable witness fees and expenses, are governed by the rules of civil procedure and are the responsibility of the party requesting issuance of the subpoena.(f) Unless otherwise ordered by the board, the department will present its case first at the hearing, followed by the party filing the notice of contest, followed by any other parties. Each party shall be permitted to make an opening statement, present evidence, cross-examine witnesses, and make a closing argument.(g) An unrepresented party may be permitted to testify in a narrative fashion.(h) Evidence shall be admitted in accordance with AS 44.62.460- 44.62.480.(i) The burden of proof for citations, penalties, or abatement dates is on the department by a preponderance of the evidence. The burden of proof for affirmative defenses is on the party asserting those defenses by a preponderance of the evidence. "Preponderance of the evidence" means that it is more likely than not that the asserted proposition is true.(j) At the request of a party or on its own motion, the board may direct the parties to file posthearing briefs and the board shall establish a schedule for the submission of those briefs.(k) The board may allow a party, an attorney, a witness, or any other person to participate telephonically in a board proceeding in the absence of a showing of substantial prejudice to opposing parties. A request for telephonic participation must be made at least 10 days before the hearing unless good cause is shown for filing the request after that time. The party requesting telephonic participation is responsible for arranging the call and paying the associated costs.(l) The board may allow a board member or a hearing officer to participate telephonically in a board proceeding in the absence of a showing of substantial prejudice to a party to the proceeding.(m) If a party fails to appear at a hearing without a showing of good cause after receiving proper notice of the hearing, the board may find that party to be in default, may receive any evidence it deems appropriate, and may issue a final decision against that party. In addition, if an employer fails to appear at a hearing without a showing of good cause after receiving proper notice of the hearing, the board may order the employer to pay all reasonable expenses incurred by the board for holding the hearing, including the board's actual travel expenses and per diem. Expenses will be apportioned according to the number of board hearings actually held at the hearing location. A showing of good cause shall be considered by the board if the nonappearing party, within 10 days of the hearing, files with the board a written statement giving the reasons for failing to appear.(n) A hearing before the board shall be recorded. A person may obtain a duplicate recording or a written transcript of a hearing by submitting a request in writing to the board and paying the cost of the recording or transcript.Eff. 12/2/94, Register 132; am 11/29/2017,Register 224, January 2018Authority:AS 18.60.020
AS 18.60.057
AS 18.60.093