Section 2.93.030. Procedures for hearing.

	(a)  A request by the petitioner for the hearing officer to review non-testimonial evidence, affidavits, or motions must be delivered to the hearing officer or, if mailed, postmarked at least 10 working days before the scheduled date of the hearing. A request to review an audio, video, or compact disc recording submitted as evidence by the petitioner must be accompanied by a letter explaining the contested issue and describing where the relevant evidence is located on the recording.  
	(b)  A request by the petitioner for the hearing officer to subpoena a witness must be delivered to the hearing officer or, if mailed, postmarked at least 10 working days before the scheduled date of the hearing. A subpoena request for the participation of a peace officer must contain the officer's name and law enforcement agency. A subpoena request for an individual witness must contain the person's full name, address, and telephone number. Failure to conform to these requirements will be considered a waiver of the right to compel, with a subpoena, a witness to testify at the hearing. For witnesses other than peace officers, the petitioner is responsible for the fees, travel expenses, and per diem of witnesses.  
	(c)  The contents of the division's hearing file may be reviewed at no charge at the hearing office during normal business hours. A copy of the hearing file may be obtained by written request and upon prepayment of reproduction costs. The written request for a copy of the file contents must be delivered to the hearing office or, if mailed, postmarked at least 10 working days after the issue date of the notice of administrative hearing. Upon receipt of the written request, the department will send a payment due letter detailing the cost of reproduction. The hearing will not be postponed to review or copy the contents of the hearing file, unless the delay in reviewing or copying is attributable to the division.  
	(d)  The department takes official notice of the Department of Public Safety, Scientific Crime Detection Laboratory breath testing manuals to establish the validity of the subject samples. The department may find substantial compliance with 13 AAC 63.100(c) if the subsequent verification of calibration is performed not later than 14 calendar days after the subject sample of the party requesting a hearing, and if the report prepared under 13 AAC 63.100(c) verifies that the calibration of the breath test instrument is accurate.  

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 ________________________

History

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