00HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN)                                                                            
01 "An Act relating to hearings before and fees for the State Commission for                                               
02 Human Rights; and providing for an effective date."                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 18.80.060(b) is amended to read:                                                                    
05  (b)  In addition to other powers and duties prescribed by this chapter, the                                           
06 commission may                                                                                                          
07   (1)  delegate to the executive director all powers and duties given it by                                            
08 this chapter except the duties and powers given it by AS 18.80.120 and 18.80.130;                                       
09   (2)  call upon the departments and agencies of the state, with the                                                   
10 approval of the governor, for cooperation and assistance in carrying out this chapter;                                  
11   (3)  hold hearings under AS 18.80.120;                                                                              
12   (4)  establish the amount and manner of payment of fees for                                                          
13 educational services, information, and materials that the commission provides to                                        
14 public and private organizations and other persons.                                                                    

01    * Sec. 2.  AS 18.80.120 is amended to read:                                                                          
02  Sec. 18.80.120.  Hearing.  If the informal efforts to eliminate the alleged                                           
03 discrimination are unsuccessful, the executive director shall inform the commission of                                  
04 the failure, and the commission shall provide the respondent and the complainant with                                   
05 notice of the failure and shall serve written notice, together with a copy of the                                     
06 complaint, requiring the person, employer, labor organization, or employment agency                                     
07 charged in the complaint to answer the allegations of the complaint at a hearing before                                 
08 the commission.  The hearing shall be held by the commission at the commission                                         
09 office unless a party [PLACE WHERE THE UNLAWFUL CONDUCT IS ALLEGED                                                     
10 TO HAVE OCCURRED UNLESS THE PERSON, EMPLOYER, LABOR                                                                     
11 ORGANIZATION, OR EMPLOYMENT AGENCY] requests a change of venue for                                                      
12 good cause shown, and the commission grants the request.  The case in support of                                      
13 the complaint shall be presented before the commission by the executive director or                                     
14 a designee who shall be a bona fide resident of the state.  The person charged in the                                   
15 complaint may file a written answer to the complaint and may appear at the hearing                                      
16 in person or otherwise, with or without counsel, and submit testimony.  The executive                                   
17 director has the power reasonably and fairly to amend the complaint, and the person                                     
18 charged has the power reasonably and fairly to amend the answer.  The commission                                        
19 is not bound by the strict rules of evidence prevailing in courts of law or equity.  The                                
20 testimony taken at the hearing shall be under oath and shall be recorded                                              
21 [TRANSCRIBED AT THE REQUEST OF ANY PARTY TO THE HEARING].                                                               
22    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).