Sec. 43.05.435. Scope and standards for decision.
107 words·~1 min read·
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Sec. 43.05.435. Scope and standards for decision.
The administrative law judge shall hear all questions de novo under AS 43.05.405 — 43.05.499. The administrative law judge shall
(1)resolve a question of fact by a preponderance of the evidence or, if a different standard of proof has been set by law for a particular question, by that standard of proof;
(2)resolve a question of law in the exercise of the independent judgment of the administrative law judge;
(3)defer to the Department of Revenue as to a matter for which discretion is legally vested in the Department of Revenue, unless not supported by a reasonable basis.