Section 1. Notice and representation by counsel.(a) Notice of any final adverse determination by the Board, a master, or a committee appointed by the Board, shall be given to an applicant. Such notice shall be sufficiently specific to allow the applicant to be able to prepare a response, petition for review, or request for hearing as may be permitted under these rules. (b) The Board shall send written notice by certified mail to the applicant's latest address on file with the Executive Director. (c) An applicant may be represented by counsel in all proceedings for admission to the practice of law. Such counsel shall be admitted to practice in the State of Alaska or authorized to practice law pursuant to the provisions of Rule 81 Alaska R. Civ. P., and shall file a written appearance with the Board. Thereafter, notices required or permitted to be served upon the applicant shall be served upon the applicant's counsel. Section 2. An applicant who has been denied an examination permit or who has been denied certification to the Supreme Court for admission to practice shall have the right, within thirty days after receipt of written notice of such denial, to file with the Board a written statement of appeal. Such statement of appeal shall be verified by the oath of the applicant that all statements contained therein are true, on the applicant's own knowledge, or on the basis of information furnished to the applicant. Failure to file a timely appeal statement shall constitute a waiver of any right to appeal. The statement of appeal filed by the applicant shall state all grounds upon which the applicant intends to rely and may: (a) Object to the form of notice from which such appeal is taken on the ground that it is so indefinite or uncertain that the applicant cannot reasonably prepare his or her statement; (b) Present the materials and documents on which the applicant relies to establish his or her eligibility to take the examination or for admission to practice, whichever is applicable. An applicant who is denied an examination permit or who is denied certification shall allege facts which, if true, would establish an abuse of discretion or improper conduct on the part of the Board, the Executive Director, the Committee, or a master. If the allegations in the verified statement are found to be sufficient by the Board, a hearing shall be granted. If a hearing is denied, the applicant may appeal from the denial of the hearing under the procedures of Rule 8.
Section 3. In any appeal the applicant shall have the burden of proving the material facts upon which the applicant relies. Section 4. A master appointed by the President from among the active membership of the association shall preside at all hearings convened under this rule. The master shall hear the evidence without the Board unless the President shall order the hearing in the presence of the Board. No fewer than twenty days before the hearing the applicant shall be given notice of the date of the hearing, the identity of the master, and whether the hearing is to be before the master alone, or before the Board with the master. All notices shall be given by the Executive Director, as required by the master or the President. Section 5. When the Board hears the case with the master, the master shall preside and rule on the admission of evidence. The hearing shall be administered as directed by the Board. Section 6. Board members or masters appointed under this rule shall disqualify themselves and withdraw from any case in which they cannot accord a fair and impartial hearing. The applicant may request the disqualification of the master or of a Board member by filing an affidavit within ten days following the first notice of the hearing. The affidavit shall state with particularity why a fair and impartial hearing cannot be accorded by the person sought to be disqualified. Where the request concerns a Board member the issue shall be determined by the master. Notice of the determination shall be given applicant no fewer than 10 days before commencement of the hearing and such notice shall include the name of a new master if one is appointed. The time for notice fixed by Section 3 and by this Section shall not apply to notice concerning a master appointed to replace a disqualified master. Section 7. Only the following materials shall be subject to production by the Alaska Bar Association in any proceedings held pursuant to this Rule: (a) Where certification for admission to practice has been denied, the failing applicant has the right to inspect examination materials only as provided in Rule 4(5); and, (b) Where an examination permit has been denied on the basis of character and fitness, the applicant has a right to inspect the minutes of any meeting of the Board of Governors at which the applicant's character and fitness has been discussed, together with a statement of the specific grounds upon which denial of the permit was based. Section 8. When the Board denies an examination permit on the basis of character and fitness, the Board shall give the applicant immediate written notice of its action, together with a statement of the specific grounds on which the denial of the examination permit is based. Within 10 days of receipt of such written notice, the applicant may submit to the Board such written argument, documentation, or other material as the applicant deems relevant to the proof of his or her character and fitness. Upon receipt of any such material, the Board shall reconsider the denial in a timely fashion and give written notice of its decision. Added by SCO 161 effective immediately: amended by SCO 341 § 1 effective 4/1/1979; by SCO 402 effective 5/1/1980; by SCO 463 effective 6/1/1981; by SCO 761 effective 10/30/1986; by SCO 971 effective 7/15/1989; and by SCO 1153 effective 7/15/1994; and by SCO 1669 effective 4/15/2008