1. (a) A violation of 2 AAC 64.010 - 2 AAC 64.050 warrants corrective or disciplinary action unless the violation is mitigated as provided in (b) or (c) of this section.

2. (b) A violation of 2 AAC 64.040 (Conflicts) may be mitigated if the hearing officer or administrative law judge disclosed a potential conflict of interest to the parties and

   1. (1) a party did not request disqualification of the hearing officer or administrative law judge or reassignment of the case;
   2. (2) the parties waived the conflict on the record orally or in writing; or
   3. (3) the hearing officer or administrative law judge acted to remove the conflict by arranging for reassignment of the case.
3. (c) A violation of 2 AAC 64.010 - 2 AAC 64.050 may be mitigated if the hearing officer or administrative law judge reasonably relied on a written opinion of the chief administrative law judge or the attorney general that the conduct or activity would not violate 2 AAC 64.010 - 2 AAC 64.050.

(Eff. 7/2/2006, Register 178)

Authority: AS 44.64.020, AS 44.64.050, AS 44.64.070