1. (a) Under AS 44.64.030, an administrative law judge will conduct

   1. (1) an adjudicatory hearing granted by the commissioner under this chapter; or
   2. (2) a hearing granted by the commissioner under this chapter on the existing record and on written briefs.

2. (b) The commissioner may designate

   1. (1) the office of administrative hearings to make a recommended or final decision on whether to grant or deny a request for a stay of decision under 18 AAC 15.210;
   2. (2) a department employee to make a final decision on a recommendation by the office of administrative hearings to grant or deny an adjudicatory hearing request under 18 AAC 15.200; or
   3. (3) a department employee or the office of administrative hearings to make a final department decision after hearing by the office of administrative hearings as provided in AS 44.64.060(e).

3. (c) A department employee designated under (b) of this section

   1. (1) may not have been substantively involved in the contested decision;
   2. (2) shall be impartial with respect to the subject of the contested decision;
   3. (3) if a public officer within the meaning of AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that chapter; and
   4. (4) if an attorney, shall comply with applicable rules of professional conduct.
4. (d) If the commissioner designates another individual to act as a designee under (b) of this section, the commissioner will serve notice at the time of the designation to the parties.

(Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224)

Authority: AS 46.03.020, AS 46.03.720, AS 46.04.890, AS 46.03.100, AS 46.03.880, AS 46.14.150, AS 46.03.110, AS 46.04.030, AS 46.03.330, AS 46.04.120