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3.0155 Probable cause hearings.

Cite as [A.S.A.C. § 3.0155 ]

(a) Time; Place; Date. The hearing shall be held at the time and place specified in the notice of hearing, but may be continued from day to day and adjourned to a later date or to a different place by the commission.

(b) Confidentiality. Unless the respondent requests an open session on or before the date set for the hearing, the hearing shall be closed to the public and all matters presented at the hearing, including all documentary or testimonial evidence, shall not be made public by any person except as allowed by 6.1722(G) and (g) ASCA.

(c) Prehearing Conference. If the commission determines that the issues will be complex, it may order a prehearing statements specifying the issues, investigative attorney and the respondent submit prehearing statements specifying the issues, theory of case, proposed evidence, and exhibits to be submitted, provided that the respondent need not comply if he exercises his constitutional rights against self-incrimination.

(d) Presentation of Evidence.

(1) The staff investigative attorney and the respondent shall be afforded an opportunity to present evidence and argument on all issues involved.

(2) The rules of evidence shall be the same as those set out in 4.1027 ASCA.

(3) The burden of proof shall be on the staff investigative attorney to show by a preponderance of evidence that probable cause of a violation of the law or rules of the commission exists.

(e) Record of the Hearing-

(1) The record of the hearing shall be compiled in conformance with 4.1032 ASCA.

(2) Unless specifically ordered by the commission, testimony shall not be reported verbatim. The complainant and the respondent shall be entitled to a copy of the record of the hearing or any part thereof upon application to the commission and upon payment of the cost thereof.

History: Rule 1-85, eff 2 May 85, § 6.6.