1. (a) The board will hold an oral hearing on an appeal of a director's decision or a request for reconsideration if material questions of fact must be resolved.
2. (b) Notice of the hearing in accordance with 11 AAC 39.031 will be given to persons known by the board to be affected by the appeal or request for reconsideration.
3. (c) The board will issue an order establishing the procedures to be followed in a particular case for the appeal of a director's decision or request for reconsideration, and ensure that due process is provided.

4. (d) In a hearing held under this section

   1. (1) formal rules of evidence do not apply;
   2. (2) testimony must be given under oath; and
   3. (3) the hearing must be recorded, and will be transcribed at the request and expense of the person requesting the transcript.
5. (e) The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the remedy requested.

(Eff. 10/27/2002, Register 164)

Authority: AS 03.09.040, AS 03.10.020, AS 03.10.050