§ 5.70.040. Powers and duties of hearing panel and hearing examiner.

A.

The hearing panel may conduct hearings or appoint a hearing examiner to conduct the hearing. If the hearing panel elects to appoint a hearing examiner, the parties shall receive written notice of the appointment.

B.

Any party may challenge the appointment of a particular hearing examiner for cause, by submitting a motion to the chair within five days of notice of the hearing examiner appointment. The chair will rule on this motion within five days of receiving it.

C.

Each side is entitled as a matter of right to change the hearing examiner once. Two or more parties aligned on the same side of an action, whether or not consolidated, shall be considered one side for this purpose. In order to exercise this right, a party must submit a motion or written request to the chair within five days of notice of the appointment.

D.

A hearing examiner shall be a member of the Alaska Bar Association in good standing.

E.

In conducting a hearing, the hearing panel or hearing examiner will have full authority to rule on the admissibility of evidence and other procedural matters. When complaints involving a common question of law or fact are awaiting public hearing, the hearing panel or hearing examiner may order them to be consolidated. On any question which would be determinative of the jurisdiction of the commission or of the liability of any party, the hearing examiner or hearing panel may only make recommendations to the full commission.

F.

The hearing panel or hearing examiner may, on its own motion or upon the motion of a party, conduct a pre-hearing conference to consider procedural motions, to establish a schedule for discovery, briefing or exchange of witness lists and other matters as appropriate.

G.

The hearing panel or hearing examiner may issue orders pertaining to discovery upon the motion of a party.

H.

In cases under Anchorage Municipal Code chapter 5.25, a hearing panel composed of members of the commission shall hear the case or the hearing examiner shall be an employee of the Municipality.

(AR No. 92-223(S); AR No. 96-174, § 7, 10-22-96; AO No. 2002-163, § 18, 1-7-03; AO No. 2008-16, § 4, 3-18-08)

Note— Formerly AMCR 5.60.003. See the Code Comparative Table.