A. 
Code enforcement proceedings before the administrative hearings officer shall be conducted in accordance with the procedure set forth in this chapter.
B. 
Where the procedure set forth in this chapter conflicts with procedures set forth elsewhere in this Code, this chapter shall prevail.
C. 
For procedural issues which are not addressed in this chapter, chapter 3.60 or elsewhere in this Code, the administrative hearings officer may look to the Alaska Rules of Civil Procedure, the Alaska Rules of Evidence, the Alaska Administrative Procedures Act, AS 44.62, or other pertinent texts or treatises for guidance.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
Proceedings may be initiated by any code enforcement officer by filing an original or copy of a charging document with the administrative hearing officer.
B. 
A citation or notice of violation may be on preprinted stock and must contain the information required by section 14.30.030A. A complaint shall be on 8½-inch by 11-inch paper, shall be captioned as Municipality of Anchorage v. __________ (alleged violator), shall provide a space for assignment of a case number, and shall include the information required by section 14.30.030A.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
A citation, notice of violation or complaint must contain the following information:
1. 
The name or address of the alleged violator or violation. If the alleged violation involves real property or a vehicle, the name of the record owner, if known;
2. 
The legal description of the property if a land use violation is alleged;
3. 
Identification of the section of this Code violated;
4. 
A brief description of the conduct or condition which is alleged to be in violation;
5. 
Identification or signature of the code enforcement officer filing the charge indicating that the officer swears that the information is true and correct as of the date of the alleged violation;
6. 
The date of the alleged violation;
7. 
Proof of service in compliance with subsection B of this section, including the date of service;
8. 
Notice advising the alleged violator of his right to a hearing and the manner in which to request a hearing; and
9. 
The penalty proposed pursuant to section 14.60.020 or AMCR Section R14.10.020 upon conviction or failure to request a hearing.
B. 
A citation, notice of violation or complaint may be served:
1. 
In person;
2. 
By first class mail, with return receipt requested, to the last known address of the alleged violator or person responsible for the alleged violation;
3. 
By affixing the charging document to the property the subject of the violation in the case of movable property; or
4. 
By delivery to the authorized representative of the alleged violator or person responsible for the alleged violation.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
Each incident of violation and each day on which a violation occurs shall constitute a separate offense.
B. 
A code enforcement officer may issue and file a separate charging document for each day of a continuing violation. A code enforcement officer may include multiple related violations by a single offender on a single charging document.
C. 
The administrative hearings officer may consolidate hearings on related cases, but may not consolidate separate days of violation into a single violation for purposes of proof of violation or imposition of scheduled penalties.
D. 
A separate decision must be issued for each charging document.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
Request. An alleged violator or individual otherwise responsible for an alleged violation may request a hearing within 15 days of the date of service of the charging document.
B. 
Form and content. A request for a hearing shall be submitted in writing to the administrative hearings officer and shall contain:
1. 
The full name and address of the alleged violator or person otherwise responsible for the alleged violation;
2. 
The name and address of that person's attorney, if any;
3. 
A statement that the alleged violator admits, denies or does not have and is unable to obtain sufficient information to admit or deny each allegation made in the charging document. A statement of lack of information shall have the effect of a denial. Any allegation that is not denied shall be deemed admitted; and
4. 
Each and every affirmative defense and a statement of the facts supporting each affirmative defense.
C. 
Waiver. Failure to request a hearing within the time required shall be treated as a waiver of the right to a hearing and shall result in disposition without hearing under section 14.30.060.
D. 
Late filed requests. The hearings officer may accept a late filed request upon a showing of good cause.
E. 
Private citizen initiated enforcement actions. Notwithstanding subsections A through E of this section, hearings resulting from enforcement actions initiated by private citizens, pursuant to section 21.25.035, shall occur no sooner than 30 days after a complaint has been served in accordance with section 21.25.035 C. All parties shall be notified in writing at least 30 days prior to the date of the hearing.
(AO No. 93-167(S-1), § 1, 4-13-1994; AO No. 2004-151, § 5, 1-1-2005)
A. 
If the alleged violator does not contest the charging document, he may resolve the matter by submitting the fine amount as determined by operation of section 14.60.020 or AMCR Section R14.10.020 to the administrative hearings officer.
B. 
If no request for hearing is filed in a timely manner pursuant to section 14.30.050, the administrative hearings officer may enter a decision upholding the charging document and imposing a fine without convening a hearing.
C. 
Hearings resulting from enforcement actions initiated by private citizens, pursuant to section 21.25.035, are not subject to disposition without a hearing.
(AO No. 93-167(S-1), § 1, 4-13-1994)
The administrative hearing officer may issue a decision dismissing a charging document prior to a hearing if:
A. 
The charging document does not comply with section 14.30.030;
B. 
The administrative hearings officer lacks jurisdiction; or
C. 
The code enforcement officer requests dismissal based on the following:
1. 
A mistake of fact occurred indicating no violation took place;
2. 
A mistake of law occurred indicating the conduct complained of is not a violation; or
3. 
Other good cause.
D. 
The hearings officer finds good cause justifying dismissal.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
Hearing schedule. If a proper request for a hearing is received in a timely manner the administrative hearings officer shall set a hearing on the matter no sooner than ten days and no later than 20 days after the date of the request unless the parties agree to extend or reduce the time for a hearing. Any changes in scheduling are subject to approval of the hearing officer. Where possible, hearings on charging documents filed by particular code enforcement officers shall be scheduled on a regular basis and heard consecutively so as to minimize the frequency that an officer is required to attend hearings. A notice of hearing shall be mailed to all parties indicating the time, date and location of the hearing. The failure of any person to receive actual notice of the proceeding shall not invalidate any order or decision of the administrative hearing officer.
B. 
Correspondence. Any correspondence concerning the case shall include the name of the alleged violator and the case number, and shall be sent to the address of record of all parties.
C. 
Notice of appearance. An attorney must give notice that he represents a party by filing an answer or by filing a notice of appearance and serving a copy on the opposing party. An attorney may withdraw from representation only with the consent of the administrative hearings officer, which consent shall not be unreasonably withheld.
D. 
Discovery. If a party desires discovery prior to the hearing, any request for discovery shall be submitted along with the charging document or request for a hearing and served on the opposing party.
1. 
If the discovery requested consists of documents, the party receiving the request shall either object in writing or make the requested documents available at least one week prior to the hearing. The hearing date may, upon order of the hearings officer, be extended to provide reasonable time for review of the documents and for additional discovery, if necessary. If an objection is filed with the administrative hearings officer and served on the opposing party, the objecting party shall bring the relevant documents to the hearing to facilitate in camera review and a ruling on the objection.
2. 
Discovery shall not include depositions or interrogatories unless the administrative hearings officer, upon application of the party seeking such discovery, finds good cause. Good cause shall be such conditions or facts which may be relevant to a material element of the violation which cannot be obtained through any reasonable method other than interrogatories or depositions. An application to require interrogatories shall include the proposed interrogatories. An application for deposition or interrogatories shall set forth what material element of the violation is to be addressed in the deposition or interrogatories and shall explain why the facts sought are not obtainable by other reasonable means. Applications under this subsection shall be served on the opposing party at the time of application.
3. 
The administrative hearings officer may issue orders pertaining to discovery under this section.
E. 
The administrative hearings officer may issue a subpoena or a subpoena duces tecum upon the application of a party.
F. 
Applications for discovery, subpoena or continuance shall be submitted to the administrative hearing officer in writing and shall be served on all parties. Applications shall contain, in addition to the information required elsewhere in this section, a brief complete statement of the basis for the request.
G. 
A party may oppose an application by filing a written response within five days of receipt.
H. 
An application for continuance of the hearing date shall be in writing and shall state the reason for the continuance. A continuance may only be granted on a finding of good cause. Good cause must be based upon matters either beyond the control of the party making application or conditions which would create a significant hardship if a continuance is not granted.
I. 
An application under this section shall be decided in writing and without oral argument unless otherwise ordered by the administrative hearings officer.
(AO No. 93-167(S-1), § 1, 4-13-1994; AO No. 95-180, § 9, 9-26-1995)
A. 
Conduct of hearings.
1. 
Parties may appear in person or through counsel.
2. 
Parties may present witnesses and evidence on their own behalf.
3. 
Parties or their counsel may cross examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against himself.
4. 
All testimony shall be given under oath or affirmation.
5. 
All administrative hearings shall be open to the public, unless otherwise ordered by a court of competent jurisdiction.
6. 
All parties shall have the right to subpoena witnesses and documents pursuant to section 14.30.080 provided that the application for issuance is filed at least five working days before the date of the hearing.
7. 
All administrative hearings shall be memorialized by an electronic recording or a stenographic record.
8. 
Tapes shall be kept a minimum of 180 days after hearing.
B. 
Evidence. When a matter arises at the hearing, the procedure for which is not set out in these rules or in chapter 3.60, the administrative hearing officer may look to the Alaska Rules of Civil Procedure, the Alaska Rules of Evidence, or other pertinent legal precedent, texts or treatises for guidance in making rulings.
1. 
The administrative hearings officer shall have full authority to admit or exclude testimony or other evidence and to rule upon all motions or objections regarding evidence.
2. 
Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts.
3. 
Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Erroneous rulings on evidence shall not preclude action by the administrative hearings officer on the record unless shown to have substantially prejudiced the rights of a party.
4. 
The administrative hearings officer may take notice of judicially recognizable facts, and the administrative hearings officer may take official notice of general, technical or scientific facts within the specialized knowledge of the hearings officer. Parties shall be notified at any time during the proceeding, but in any event prior to the final decision, of material officially noticed and they shall be afforded an opportunity to contest the facts so noticed.
5. 
All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except as provided in subsection B.4 of this section, no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position in a contested case rests on the proponent of the fact or position.
6. 
The administrative hearings officer shall give effect to the rules of privilege recognized by the Alaska Rules of Evidence.
7. 
When demeanor, inconsistency or personal credibility are bases for a decision, the administrative hearings officer shall specifically note these observations in the officer's findings.
C. 
Burden of proof. The burden of proof of violation or affirmative defense required shall be proof by a preponderance of the evidence. The burden of persuasion shall be borne by the proponent of an issue.
(AO No. 93-167(S-1), § 1, 4-13-1994)
Failure of an alleged violator to appear at a scheduled hearing may result in a default being entered against him. Once a hearing has been set, a default decision may be issued only upon a prima facie case made on the record before the administrative hearings officer.
(AO No. 93-167(S-1), § 1, 4-13-1994)
A. 
All decisions shall be in writing and shall include separately designated findings of fact and conclusions of law explaining the disposition of each ultimate fact or ruling on each element of the violation. A decision shall also include a concise disposition statement either prescribing the fine imposed, dismissing the charging document, or declaring such other specific relief ordered by the administrative hearings officer. A decision shall also indicate that it is appealable and set forth the method and timing for such appeal.
B. 
The decision shall be mailed to the record address of all parties. A copy of any decision imposing an obligation to pay a fine or other costs shall be sent to the municipal treasurer.
C. 
A decision should, to the extent possible, be issued within ten working days of completion of the hearing.
(AO No. 93-167(S-1), § 1, 4-13-1994; AO No. 95-180, § 10, 9-26-1995)
A decision of the administrative hearings officer may be reconsidered or reheard only if:
A. 
There was substantial procedural error in the original proceedings;
B. 
The administrative hearings officer acted without jurisdiction in the original proceeding; or
C. 
The original decision was based on fraud or misrepresentation.
Any person seeking reconsideration or rehearing must file a request with the administrative hearings officer together with the materials supporting one or more of the grounds stated in this section within ten days of the decision for which reconsideration or rehearing is requested. No responsive filing is permitted unless otherwise ordered by the administrative hearings officer. A request for rehearing shall be granted or denied within five days. A rehearing shall be conducted in the same manner as the original proceeding.
(AO No. 93-167(S-1), § 1, 4-13-1994)