§ 3.70.190. Pre-election hearing.

A.

The board shall conduct a pre-election hearing to determine the validity of all requests for certification or decertification, the time and procedures for the election, and the contents of the ballot. The hearing and all testimony therein shall be electronically recorded.

B.

The pre-election hearing shall be conducted within seven days after the expiration of the time for submission of petitions for intervention under section 3.70.180.

C.

All parties that have petitioned for certification or decertification, the municipality, and any employee organization that is the subject of a petition for decertification shall have the opportunity to appear and participate at the pre-election hearing.

D.

Pre-election hearings shall be open to the public unless otherwise ordered pursuant to the laws of the municipality or the State of Alaska.

E.

It shall be the duty of the board to inquire fully into all matters and issues necessary to obtain a full and complete record upon which the board may discharge its duties under the Code.

F.

The board may, in its discretion, continue the pre-election hearing from day to day, or adjourn it to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice.

G.

Any party shall have the right to appear at any hearing in person, by counsel, or by other representative. Any party and the board shall have power to call, examine, and cross-examine witnesses and to introduce into the record documentary and other evidence. Parties introducing documentary evidence shall submit four copies for the board and sufficient copies for all other parties. Such documentary evidence shall be numbered by the board and identified on the record. Witnesses shall be examined orally under oath. The board is not bound by the technical rules of evidence as determined by the courts of the State of Alaska or any other court in the United States, but shall conduct all hearings in a manner that comports with due process. Stipulations of fact may be introduced in evidence with respect to any issue.

H.

Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and included in the record. No such objection shall be deemed waived by further participation in the hearing.

(AR No. 97-180, § 1, 8-19-97)