Section 2.50.888. Expedited consideration; hearing on expedited consideration.

	(a)  A complainant, the staff, or a respondent may request expedited consideration when a complaint is filed or any time before the date for an answer as provided in 2 AAC 50.880. A request for expedited consideration must be submitted as a separate document from any other filing, and must include  
		(1) proof that the opposing party actually received the request for expedited consideration; and  
		(2) evidence showing reasonable cause to believe a violation of law has occurred or will occur, and that the violation, if not immediately restrained, could  
			(A) materially affect the outcome of an election or other impending event; or  
			(B) cause irreparable harm that penalties could not adequately remedy.  
	(b)  The commission will consider a request for expedited consideration as provided in AS 15.13.380(c) and (d). The commission will give the complainant, the staff, and the respondent notice of the date, time, and place of the hearing at which the commission will decide a request for expedited consideration. The notice will be posted on the commission's website and in a prominent place, visible to the general public, at the commission's offices. In the notice, the commission will state that, if the commission grants expedited consideration, the commission may hear the complaint immediately after issuing its order to expedite consideration.  
	(c)  At the hearing on the request for expedited consideration, the commission will consider the argument and evidence in support of the request for expedited consideration and will allow the party opposing the request an opportunity to respond with argument and evidence. The commission may allow an opportunity to rebut the response. The person that requested expedited consideration has the burden of proof to demonstrate the need for expedited consideration.  
	(d)  The commission will announce its decision on a request to expedite consideration on the record at the hearing. The commission will expedite consideration of a complaint if substantial evidence supports expediting consideration under the factors set out in AS 15.13.380(c). If the commission denies expedited consideration, the commission will refer the complaint for investigation as provided in 2 AAC 50.875. If the commission expedites consideration, the commission will either commence the hearing immediately, or provide notice of the date, time, and location of the hearing to be held in compliance with AS 15.13.380(d).  
	(e)  A hearing on expedited consideration will be conducted as provided in 2 AAC 50.891 except that the commission may, for good cause and consistent with due process, modify any procedure in order to expedite the proceeding. The commission will issue an order as provided in AS 15.13.380(d).  

Authorities

15.13.030;15.13.045;15.13.380;24.45.021;24.60.220;39.50.050

Notes

Reference

2 AAC 50.891

Authority

AS 15.13.030 AS 15.13.045 AS 15.13.380 AS 24.45.021 AS 24.60.220 AS 39.50.050

History

Eff. 12/22/2011, Register 200