Section 3.110.560. Commission hearing procedures.

	(a)  The chair of the commission shall preside at the hearing, and shall regulate the time and the content of statements, testimony, and comments to exclude irrelevant or repetitious statements, testimony, and comments. The department shall record the hearing and preserve the recording. Two members of the commission constitute a quorum for purposes of a hearing under this section.  
	(b)  As part of the hearing, the commission may include  
		(1) a report with recommendations from the department;  
		(2) an opening statement by the petitioner, not to exceed 10 minutes;  
		(3) an opening statement by each respondent, not to exceed 10 minutes;  
		(4) sworn testimony of witnesses  
			(A) with expertise in matters relevant to the proposed change; and  
			(B) called by the petitioner;  
		(5) sworn testimony of witnesses  
			(A) with expertise in matters relevant to the proposed change; and  
			(B) called by each respondent;  
		(6) sworn responsive testimony of witnesses  
			(A) with expertise in matters relevant to the proposed change; and  
			(B) called by the petitioner;  
		(7) a period of public comment by interested persons, not to exceed three minutes for each person;  
		(8) a closing statement by the petitioner, not to exceed 10 minutes;  
		(9) a closing statement by each respondent, not to exceed 10 minutes;  
		(10) a reply by the petitioner, not to exceed five minutes; and  
		(11) points of information or clarification by the department.  
	(c)  If more than one respondent participates, the chair of the commission, at least 14 days before the hearing, may establish for each respondent time limits on the opening and closing statements that are lower than those time limits set out in (b) of this section.  
	(d)  A member of the commission may question a person appearing for public comment or as a sworn witness. The commission may call additional witnesses.   
	(e)  A brief, document, or other evidence may not be introduced at the time of the public hearing unless the commission determines that good cause exists for that evidence not being presented in a timely manner for written response by the petitioner or respondents or for consideration in the reports of the department under 3 AAC 110.530.  
	(f)  The commission may  amend the order of proceedings and change allotted times for presentations to promote efficiency if the amendment does not detract from the commission's ability to make an informed decision.  
	(g)  If the petition at hearing is for municipal incorporation subject to AS 29.05.060 - 29.05.110 and the department has recommended an amendment to or conditional approval of the petition, during the hearing the commission will invite specific comments on that recommendation.  

Authorities

29.04.040;29.05.090;29.06.040;29.06.120;29.06.490;44.33.020;44.33.812;44.33.814;44.33.816;44.33.820;44.33.826

Notes

Reference

3 AAC 110.530

Authority

Art. X, sec. 12, Ak Const. Art. X, sec. 14, Ak Const. AS 29.04.040 AS 29.05.090 AS 29.06.040 AS 29.06.120 AS 29.06.490 AS 44.33.020 AS 44.33.812 AS 44.33.814 AS 44.33.816 AS 44.33.820 AS 44.33.826

History

Eff. 7/31/92, Register 123; am 5/19/2002, Register 162; am 1/9/2008, Register 185