Section 2.93.010. Request for hearing.

	(a)  In addition to the requirements of AS 28,  a person may contest a departmental action made under AS 28,  2 AAC 90, 2 AAC 91, or 2 AAC 92, regarding motor vehicles or driver licensing, by timely submitting a written request for a hearing under this section. If an in-person hearing is requested, the applicant must specify in writing if the request is for a credibility issue. The request must be received by the hearing officer not later than 10 working days before the hearing date listed on the notice of hearing and must provide a detailed description of the credibility issue. The hearing may be bifurcated to allow telephonic testimony from witnesses whose credibility is not in material dispute and to allow the hearing officer an opportunity to rule on the credibility issue to determine if an in-person hearing is required. If a person needs an accommodation for a disability or language barrier, the in-person hearing request must be received by the hearing officer not later than 10 working days before the hearing date listed on the notice of hearing. Unless otherwise specified by statute, to be considered timely, the written request for a hearing must be delivered to the division's main office or, if mailed, postmarked within 30 days after the date of the department's notice of intended action.  
	(b)  A late request for a hearing will not be granted if the reason for the late request is not verified under oath and if the late request is not  
		(1) delivered to the hearing office or, if mailed, postmarked within seven days after the last day of the tolling circumstance or event listed at AS 28.15.166(b);  
		(2) delivered to the hearing office or, if mailed, postmarked within 10 days after the last day of the tolling circumstance or event listed at AS 28.15.184(b).  

Authorities

28.05.011;28.05.111;28.05.131;28.05.141;28.15.166;28.15.185;28.22.041

Notes

Authority

AS 28.05.011 AS 28.05.111 AS 28.05.131 AS 28.05.141 AS 28.15.166 AS 28.15.185 AS 28.22.041 Editor's note: For the purposes of 2 AAC 93.010, the division's main office is located at the Department of Administration, Division of Motor Vehicles, 1300 W. Benson Blvd., Suite 100, Anchorage, Alaska 99503-3689.

History

Eff. 7/1/2006, Register 178; am 10/10/2014, Register 212

References

2.93.010