117-9          THE ADMINISTRATIVE LAW JUDGE

The administrative law judge is an impartial party outside the Division employed by the Alaska Department of Administration, Office of Administrative Hearings. The administrative law judge has the power to decide the dispute within the limits of his or her appointment.

117-9 A.      RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE

1. Ensure that the client has, or has had, an opportunity to review the case file and documents to be used in the presentation of the case;
2. Ensure that all relevant issues are considered at the hearing;
3. Rule on the admission of evidence. Request and include in the hearing record all evidence deemed necessary to decide on the issues raised;
4. Regulate the conduct and course of the hearing;
5. Deny a hearing request. Declare a hearing abandoned or withdrawn;
6. Rule on good cause for a client's failure to appear at a scheduled hearing;
7. Rule on the eligibility for continuation of benefits;
8. Rule on DPADivision of Public Assistance agency's petitions for dismissal;
9. Rule on requested continuances of hearings and indicate a date and time at which the hearing will reconvene;
10. Adjourn the hearing and close the hearing record;
11. Render a decision on each relevant issue addressed at the hearing;
12. Notify in writing each party at the hearing of the decisions;
13. Make a copy of the hearing record available to the client or his or her representative, when requested; and
14. Notify each client whose hearing was abandoned due to not appearing for the scheduled hearing.

117-9 B.      DISQUALIFICATION OF ADMINISTRATIVE LAW JUDGE

1. The chief administrative law judge or an administrative law judge is disqualified from a case in which they cannot render fair and impartial hearing, or for other reasons established in the code of hearing officer conduct as stated in 2 AAC 64.010 – 2 AAC 64.090.
2. The Division or the client may request the disqualification of the chief administrative law judge or another administrative law judge by filing an affidavit, before the hearing begins. The affidavit must state the grounds or reason for the request. Upon receipt of the affidavit, the administrative law judge assigned to the hearing will make a determination. If the client or DPADivision of Public Assistance objects to the decision, the chief administrative law judge will make the final decision. If the hearing is assigned to the chief administrative law judge, the attorney general will make the final decision.
3. In addition to disqualification of an administrative law judge reasons stated in (1) and (2) above, the client and DPADivision of Public Assistance is entitled to change the assigned administrative law judge once. If the client or DPADivision of Public Assistance wants to exercise the right to change the administrative law judge, the notice must be submitted to the chief administrative law judge within five days after being notified that the case has been assigned. If the client or DPADivision of Public Assistance participated in any proceeding or conference about the case with the administrative law judge, they must waive their right to this change in assignment.