Section 8.97.350. Procedures for other hearings.

	(a)  Only a petitioner, complainant, respondent, party who has filed an objection under 8 AAC 97.070, or a party who has intervened under 8 AAC 97.080 has the right to present evidence and call witnesses to testify under oath at a hearing conducted under 8 AAC 97.350 - 8 AAC 97.480.  
	(b)  The labor relations agency will, in its discretion, require the filing of written briefs.  
	(c)  All relevant and material evidence is admissible at a hearing.  
	(d)  The labor relations agency will, in its discretion, require any person it considers appropriate to appear and testify at a hearing and to produce evidence.  
	(e)  Upon the application of a party who has the right to present evidence and call witnesses at a hearing, the labor relations agency will issue a subpoena requiring the attendance and testimony of witnesses and the production of evidence. An application for a subpoena must be in writing and state the name of the witness or evidence with enough particularity to allow the witness or evidence to be identified. Service of the subpoena is to be arranged by the party.  
	(f)  In a hearing, the petitioner, complainant, or intervenor bears the burden of proving the truth of each element necessary to that party's cause by a preponderance of the evidence.  
	(g)  The agency will determine the time and place of a hearing.  

Authorities

23.05.380;23.40.100;23.40.160;23.40.170;42.40.750;42.40.810;42.40.820

Notes

Reference

8 AAC 97.340
8 AAC 97.350

Authority

AS 23.05.380 AS 23.40.100 AS 23.40.160 AS 23.40.170 AS 42.40.750 AS 42.40.810 AS 42.40.820

History

Eff. 7/22/93, Register 127; am 5/18/2002, Register 162