Sec. 44.64.050. Hearing officer conduct.

415 words·~2 min read·/ak/title-44/chapter-64/44-64-050

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(a)An administrative law judge employed full time by the office or a hearing officer employed full time by an agency may not serve in any other judicial or quasi-judicial capacity or engage in the private practice of law.

(b)The chief administrative law judge shall, subject to AS 39.52.920 and by regulation, adopt a code of hearing officer conduct. The code shall apply to the chief administrative law judge, administrative law judges of the office, and hearing officers of each other agency. The following fundamental canons of conduct shall be included in the code: in carrying out official duties, an administrative law judge or hearing officer shall

(1)uphold the integrity and independence of the office;

(2)avoid impropriety and the appearance of impropriety;

(3)perform the duties of the office impartially and diligently;

(4)conduct unofficial activities in ways that minimize the risk of conflict with the obligations of the office; and

(5)refrain from inappropriate activity in seeking employment with another agency or employer or in seeking reappointment.

(c)Except as provided in

(e)of this section, the chief administrative law judge shall receive and consider all complaints against administrative law judges or hearing officers employed or retained by the office or another agency alleging violations of

(a)of this section or of the code of hearing officer conduct. The chief administrative law judge shall deliver the complaint to the attorney general when the chief administrative law judge determines that the conduct alleged, if true, would constitute a violation of

(1)subsection

(a)of this section; or

(2)the code and would warrant disciplinary action under the regulations adopted under

(b)of this section.

(d)If the attorney general determines that a violation has occurred, the attorney general shall submit written findings to the agency that employed or retained the administrative law judge or hearing officer who is the subject of the complaint together with recommendations for corrective or disciplinary action. If the administrative law judge is employed or retained by the office, the chief administrative law judge shall take appropriate corrective or disciplinary action.

(e)The attorney general shall, by regulation, establish procedures to implement

(d)of this section, including procedures for investigating and holding hearings on complaints. The attorney general shall receive and consider any complaint filed against the chief administrative law judge under this section, and may investigate or hold a hearing on the complaint in compliance with the regulations adopted under this subsection.