3.21.320 Hearing procedures (excluding bid protests).
A. The hearing officer shall arrange for a prompt hearing and notify the parties in writing of the time and place of the hearing. The hearing shall be conducted in an informal manner.
B. The hearing officer may:
1. Hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding;
2. Require parties to state their positions concerning the various issues in the proceeding;
3. Require parties to produce for examination those relevant witnesses and documents under their control;
4. Rule on motions and other procedural matters;
5. Regulate the course of the hearing and conduct of the participants;
6. Establish time limits for submission of motions or memoranda;
7. Impose appropriate sanctions against a person who fails to obey an order of the hearing officer, including:
a. Prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence;
b. Excluding all testimony of an unresponsive or evasive witness; and
c. Excluding a person from further participation in the hearing;
8. Take official notice of a material fact not appearing in evidence, if the fact is among the traditional matters subject to judicial notice;
9. Administer oaths or affirmations;
10. Exclude witnesses when not testifying.
C. The parties shall have the right:
1. To present witnesses and evidence; and
2. To cross-examine opposing witnesses and rebut evidence.
D. The hearing will be open to the public.
E. The hearing shall be recorded. A transcribed record of the hearing shall be made available at cost to a party that requests it.
F. The hearing officer shall review the purchasing officer’s decision using a preponderance of evidence standard with the burden of proof on the claimant.
G. Finding and Decision. The hearing officer’s decision will be written findings of fact and conclusions of law and be made within 30 days of the end of the hearing, except that if the amount claimed exceeds $50,000, the decision will be made within 75 days of the end of the hearing. The decision shall include a statement substantially as follows:
This is the final decision of the hearing officer. This decision may be appealed to court. If you appeal, you must commence your lawsuit in the Superior Court for the State of Alaska at Palmer within thirty (30) days after your receipt of this decision.
The hearing officer shall deliver the written decision to the clerk and serve the written decision on the parties by fax and by mail.
H. Appeal to Superior Court. An appeal may be made from the written decision of the hearing officer pursuant to the Alaska Rules of Appellate Procedure to the superior court for the state of Alaska at Palmer only. (Ord. 644 § 4, 2004)