A. 
When conciliation efforts have failed to eliminate the alleged discriminatory practice or policy, or to otherwise make a complainant whole, the executive director shall inform the commission chair and serve written notice of conciliation failure on all parties. Within 30 days of conciliation failure, the executive director shall either file an accusation with the commission or dismiss the complaint. Upon receiving an accusation, the commission chair shall then appoint a hearing panel in accordance with section 5.70.030.
B. 
Within 30 days of appointment of the hearing panel, the executive director shall serve written notice of the hearing panel appointment, along with a copy of the accusation as it may be amended, on all parties.
C. 
Any person may obtain a transcript of the hearing upon payment of costs of reproduction.
(CAC 8.36.050; AO No. 96-99, § 3, 10-22-1996; AO No. 2002-163, § 17, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
The case in support of the accusation shall be presented before the commission by the executive director or his or her designee. The complainant may be represented by counsel at the public hearing.
B. 
The respondent may file a written answer to the accusation within 20 days of service of the accusation and may appear at the public hearing in person or by counsel and submit testimony. After issuance of an accusation, respondent may direct a written request for an extension of time to file an answer to the hearing panel or hearing examiner. The executive director or his or her designee has the power to reasonably and fairly amend the accusation, and the respondent has the power to reasonably and fairly amend its answer at any time up to and including the time of public hearing.
C. 
Any person may obtain a transcript of the hearing upon payment of costs.
(AR No. 92-223(S); AO No. 2002-163, § 18, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
The chair shall appoint three commissioners to serve as members of a public hearing panel.
B. 
Appointment of commissioners to serve on the hearing panel shall be on a rotating basis.
C. 
Should a vacancy on the hearing panel occur, the chair shall appoint another member of the commission to fill the vacancy.
(AR No. 92-223(S); AO No. 2002-163, § 18, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
The hearing panel may conduct hearings or appoint a hearing examiner to conduct the hearing. If the hearing panel elects to appoint a hearing examiner, the parties shall receive written notice of the appointment.
B. 
Any party may challenge the appointment of a particular hearing examiner for cause, by submitting a motion to the chair within five days of notice of the hearing examiner appointment. The chair will rule on this motion within five days of receiving it.
C. 
Each side is entitled as a matter of right to change the hearing examiner once. Two or more parties aligned on the same side of an action, whether or not consolidated, shall be considered one side for this purpose. In order to exercise this right, a party must submit a motion or written request to the chair within five days of notice of the appointment.
D. 
A hearing examiner shall be a member of the Alaska Bar Association in good standing.
E. 
In conducting a hearing, the hearing panel or hearing examiner will have full authority to rule on the admissibility of evidence and other procedural matters. When complaints involving a common question of law or fact are awaiting public hearing, the hearing panel or hearing examiner may order them to be consolidated. On any question which would be determinative of the jurisdiction of the commission or of the liability of any party, the hearing examiner or hearing panel may only make recommendations to the full commission.
F. 
The hearing panel or hearing examiner may, on its own motion or upon the motion of a party, conduct a pre-hearing conference to consider procedural motions, to establish a schedule for discovery, briefing or exchange of witness lists and other matters as appropriate.
G. 
The hearing panel or hearing examiner may issue orders pertaining to discovery upon the motion of a party.
(AR No. 92-223(S); AR No. 96-174, § 7, 10-22-1996; AO No. 2002-163, § 18, 1-7-2003; AO No. 2008-16, § 4, 3-18-2008; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
The hearing panel or hearing examiner shall, within 30 days of appointment, establish a hearing date.
B. 
The hearing panel or examiner shall serve written notice of hearing on all parties within ten days after the hearing date has been established. The notice of hearing shall state the date, time and place of the hearing.
C. 
A motion for a continuance of the hearing date shall be in writing and shall state the reason for the continuance.
D. 
Any time before the hearing date, the full commission may, on its own motion, or upon the motion of any party, decide to hear a case when it finds that the case involves factual and/or legal matters of particular importance, significance or impact.
(AR No. 92-223(S); AO No. 2002-163, § 18, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
If the executive director is an attorney, the executive director shall not serve as legal advisor to the commission in issuing any non-procedural orders, in reconsideration matters, in any public hearings, or in any matters where the executive director has advised or supervised the staff during an investigation under this title.
B. 
The staff attorney may present a case at hearing on behalf of the executive director.
C. 
The staff attorney shall not serve as legal advisor to the commission in any adjudication involving a conflict of interest with a complainant, respondent or any other party to the complaint.
(AR No. 92-223(S); AO No. 2002-163, § 18, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
All pleadings in public hearings shall be in writing.
B. 
A party shall file the original of any public hearing pleading with the hearing panel or hearing examiner in care of the executive director. A party shall promptly serve upon all other parties a copy of any pleading. Service upon a party represented by an attorney may be made by mailing the pleading to the attorney by first class mail or by electronic service such as fax and/or email.
(AR No. 92-223(S); AO No. 2002-163, § 19, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
Any motions made prior to the public hearing shall be submitted in writing to the hearing panel or hearing examiner. Motions at hearing may be made orally or in writing.
B. 
All motions shall contain a brief, complete statement of the basis for the motion and legal authorities upon which the moving party relies.
C. 
Parties may not file dispositive motions, such as motions to dismiss, motions for summary judgment, motions for failure to state a claim, or motions for judgment on the pleadings, except parties may file motions for lack of jurisdiction. The hearing panel or hearing examiner shall permit prehearing briefs in all cases and allow posthearing briefs only for good cause shown or by stipulation of the parties.
D. 
An opposing party may file a written opposition to a motion within ten days after being served with the motion, unless otherwise agreed by the parties.
E. 
The moving party may file a reply to an opposition to a motion within three days after being served with the opposition, unless otherwise agreed by the parties.
F. 
A motion shall be decided without oral argument unless otherwise ordered by the hearing panel or hearing examiner.
G. 
A motion shall be decided by the hearing panel or hearing examiner in writing.
H. 
The hearing panel will not review hearing orders of the examiner until the examiner submits a recommended decision under section 5.70.150.
(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
After issuance of the accusation, the executive director or a party may issue written interrogatories, requests for production, and requests for admissions to any party.
B. 
Interrogatories, requests for production, and requests for admissions may address any matter not privileged which is relevant to the subject matter involved in the pending action. Information sought need not be admissible at the hearing, if it appears reasonably calculated to lead to the discovery of admissible evidence.
C. 
A party, including the executive director, shall respond in writing to the interrogatories, requests for production, and requests for admissions within 30 days after the date of receipt. Upon written request and a showing of good cause, the hearing panel or hearing examiner may extend the time within which the response may be completed and returned.
D. 
A party, including the executive director, may file with the hearing panel or hearing examiner written objections to an interrogatory, request for production, or request for admission. Objections shall be submitted on a document separate from the document containing answers to interrogatories, and shall include a statement of the reason(s) for each objection. All objections shall be submitted within the 30 days allowed for responding to interrogatories, requests for production, and requests for admissions. Untimely objections shall not be considered.
E. 
The hearing panel or hearing examiner shall either sustain the objection or order that the interrogatory, request for production, or request for admission be answered within 15 days after receipt of the order by the objecting party.
F. 
In the event that a party fails to respond fully or object to an interrogatory, request for production, or request for admission or to obtain an extension of time within 30 days after being served, the hearing panel or hearing examiner shall file with the superior court, a motion to compel production and/or response.
(AO No. 2021-30(S), § 8, 5-25-2021)
A. 
After issuance of the accusation, the hearing panel or hearing examiner may issue a subpoena upon written request and good cause shown by a party or the executive director, whenever necessary to compel the attendance and testimony of witnesses at hearings, or may issue a subpoena duces tecum whenever necessary to compel the production of books, records, papers, payroll or personnel records, correspondence, documents or any other evidence relating to any matter before the hearing panel or hearing examiner.
B. 
Within five days after the service on a person of a subpoena requiring the production of any evidence in his or her possession or under his or her control, that person may file a motion requesting the hearing panel or hearing examiner to revoke the subpoena. The hearing panel or hearing examiner shall revoke the subpoena if it finds the evidence required to be produced does not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the evidence required to be produced.
C. 
The party requesting the subpoena, including the executive director, shall be responsible for serving the subpoena.
D. 
A subpoena served under this section is enforceable in superior court. In the event that a person issued a subpoena does not respond, the hearing panel or hearing examiner shall proceed with the civil remedy set forth in section 5.80.010B or 5.80.030B, by seeking an appropriate order from the court.
(AO No. 2021-30(S), § 8, 5-25-2021)
Any person may file a motion to intervene no later than 20 days prior to the date of the hearing. A motion to intervene shall be granted if the intervenor may be bound by an order of the commission or has a legal interest which may not be adequately represented by existing parties, or the executive director, and intervention would not unduly broaden the issues or delay the proceedings.
(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A person may file a motion requesting permission to file an amicus curiae brief. The motion shall identify the interest of the amicus curiae and the reasons the brief is desirable. The hearing panel or hearing examiner shall grant or deny the motion and notify the parties of the decision in writing.
(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-2003)
A. 
All hearings shall be conducted in accordance with chapter 5.70. When a matter arises at hearing, the procedure for which is not set out in Anchorage Municipal Code chapter 5.70 or in this title, the hearing panel or hearing examiner is not strictly bound by, but may look to chapter 3.60, the Alaska Rules of Civil Procedure, the Alaska Rules of Evidence, or other pertinent legal precedent, texts or treatises for guidance in making its rulings.
B. 
All parties shall be given the opportunity to be present at the hearing and may appear in person or through counsel.
C. 
If any party with notice fails to appear, the hearing examiner or hearing panel may issue an order to show cause why judgment by default should not be entered against that party. If, within ten days after service of the order, the party does not submit evidence demonstrating good cause for the absence, the hearing examiner or hearing panel may enter a judgment by default and may either set a hearing to take evidence regarding the appropriate remedy or issue an order granting appropriate relief.
D. 
The executive director or staff attorney shall be present at all hearings. The executive director has the burden of proving the allegations of the complaint.
E. 
A certified court reporter or electronic recording device shall record the proceedings.
F. 
All testimony shall be given under oath or affirmation.
G. 
The record of the hearing shall include: the notice of hearing, the verified complaint and accusation as amended, the answer as amended, a transcript of the testimony taken at the hearing, the exhibits and deposition testimony admitted as evidence, written applications and motions, briefs, stipulations, preliminary orders, findings of fact and conclusions of law, the final order and all other pleadings.
(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
The hearing panel or hearing examiner shall have full authority to admit or exclude testimony or other evidence and to rule upon all motions or objections regarding evidence.
B. 
The hearing panel or hearing examiner shall give effect to the rules of privilege recognized by the Alaska Rules of Evidence.
(AR No. 92-223(S); AO No. 2002-163, § 20, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
A. 
An order shall be in writing.
B. 
At the completion of the public hearing provided for in this chapter,
1. 
The hearing panel or hearing examiner shall serve on all parties proposed findings of fact, conclusions of law, and a proposed order.
a. 
The findings of fact shall demonstrate that each element of an allegation or defense was or was not proven by a preponderance of the evidence.
b. 
When demeanor, inconsistency, or personal credibility are bases for a recommendation or order, the hearing panel or hearing examiner shall specifically note these observations in findings accompanying the recommendation or order.
2. 
A party may present to the hearing panel or hearing examiner written objections to the proposed findings of fact, conclusions of law and order within 15 days after receipt or such other time as fixed by the hearing panel or hearing examiner.
3. 
Upon consideration of objections submitted, review of the record and the proposed order, if the case is heard by a hearing examiner, the hearing panel shall issue a final order in the case.
4. 
A final order shall be issued within 60 days after the time for objections to be filed has run. A final order shall be subscribed to by a majority of the commissioners on the hearing panel. A separate concurring or dissenting opinion may be filed by a hearing panel commissioner.
5. 
Copies of the final order and notice of right to judicial review shall be sent to all parties and to the municipal attorney.
C. 
If the equal rights commission finds that a respondent has engaged in discriminatory conduct, it shall order the respondent to refrain from engaging in discriminatory conduct. The order may prescribe conditions on the respondent's future conduct relevant to the type of discrimination complained of in the complaint or amended complaint.
D. 
The commission may order the following types of relief:
1. 
In cases involving employment practices, the commission may order any equitable relief, including but not limited to the hiring, reinstatement or upgrading of an employee or group of employees with or without back pay, restoration to membership in a labor organization, or admission to or participation in an apprenticeship training program, on-the-job training program or other retraining program, and any other appropriate relief.
2. 
In cases involving the sale or rental of real property, the commission may order any equitable relief, including but not limited to the sale, lease or rental of the housing accommodation to the aggrieved person if it is still available, or the sale, lease or rental of the next vacancy in like accommodations owned by the person against whom the complaint was filed, and any other appropriate relief.
3. 
In cases involving public accommodations, the commission may order any equitable relief, including but not limited to restoration to membership in a place of public accommodation, or admission to or service in a place of public accommodation, and any other appropriate relief.
4. 
In cases involving financial institutions, the commission may order any equitable relief, including but not limited to the issuance of a credit card to a person, the approval of a loan to a person or the issuance of insurance to a person, and any other appropriate relief.
5. 
In cases involving educational institutions, the commission may order any equitable relief including, but not limited to admission to the institution or admission to the programs of the institution, and any other appropriate relief.
E. 
The commission may monitor compliance with orders. The order may require reports to be made to the commission on the manner of compliance.
F. 
If the commission finds that a respondent has not engaged in the discriminatory conduct alleged in the complaint, the commission shall issue and cause to be served on the complainant and respondent an order closing or dismissing the complaint.
(AO No. 96-99, § 4, 10-22-1996; AO No. 2002-163, § 21, 1-7-2003; AO No. 2021-30(S), § 8, 5-25-2021)
[1]
Editor's note — Former § 5.70.140, Relief, was repealed.
Prior history: AR No. 92-223(S); AR No. 96-174, 10-22-1996; AO No. 2002-163, 1-7-2003; AO No. 2021-30(S), 5-25-021.
[1]
Editor's note — Former § 5.70.150, Dismissal, was repealed.
Prior history: AR No. 92-223(S); AR No. 96-174, 10-22-1996; AO No. 2002-163, 1-7-2003; AO No. 2021-30(S), 5-25-021.