SB 229: "An Act relating to the employment of hearing examiners and mediators by the Regulatory Commission of Alaska; repealing a requirement that the principal office of the Alaska Oil and Gas Conservation Commission move to the same location as the principal office of the Regulatory Commission of Alaska; relating to the sharing of record-keeping facilities and clerical staff by the two commissions; and providing for an effective date."
00SENATE BILL NO. 229 01 "An Act relating to the employment of hearing examiners and mediators by the 02 Regulatory Commission of Alaska; repealing a requirement that the principal office 03 of the Alaska Oil and Gas Conservation Commission move to the same location 04 as the principal office of the Regulatory Commission of Alaska; relating to the 05 sharing of record-keeping facilities and clerical staff by the two commissions; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 42.04.050(a) is amended to read: 09 (a) The chair of the commission is responsible for directing the administrative 10 functions of the commission and carrying out the policies as set by the commission. 11 The commission chair may employ engineers, hearing examiners [OFFICERS], 12 administrative law judges, experts, clerks, accountants, and other agents and assistants 13 considered necessary. Employees of the commission who are not in the exempt 14 service under AS 39.25.110 or the partially exempt service under AS 39.25.120 [,] are
01 in the classified service under AS 39.25.100. 02 * Sec. 2. AS 42.04.050(c) is amended to read: 03 (c) At the request of the Alaska Oil and Gas Conservation Commission and 04 to the extent workload permits, the Regulatory Commission of Alaska shall make 05 available to the Alaska Oil and Gas Conservation Commission the services of a 06 hearing examiner [OFFICER]. 07 * Sec. 3. AS 42.04.070(b) is amended to read: 08 (b) The chair of the commission may appoint a hearing examiner [OFFICER] 09 or an administrative law judge to hear a matter that has come before the commission; 10 a member of the commission may serve as hearing examiner [OFFICER] or, if 11 qualified, as an administrative law judge. 12 * Sec. 4. AS 42.05.171 is amended to read: 13 Sec. 42.05.171. Formal hearings. A formal hearing that the commission has 14 power to hold may be held by or before a hearing panel appointed under 15 AS 42.04.080, a hearing examiner [OFFICER], or an administrative law judge 16 designated for the purpose by the chair of the commission. In appropriate cases, a 17 formal hearing may be held before an arbitrator or mediator designated for the 18 purpose by the commission. The testimony and evidence in a formal hearing may be 19 taken by the panel, by the hearing examiner [OFFICER], by the arbitrator , by the 20 mediator , or by the administrative law judge to whom the hearing has been assigned. 21 A decision of a hearing examiner [OFFICER], an arbitrator , a mediator , or an 22 administrative law judge is not final until approved by the commission. A 23 commissioner who has not heard or read the testimony, including the argument, may 24 not participate in making a decision of a hearing panel. A party may file a petition 25 for reconsideration of, or an administrative appeal of, a decision by a hearing 26 examiner [OFFICER], an arbitrator , a mediator , or an administrative law judge that 27 has been approved by the commission, or a decision of a hearing panel. The full 28 commission shall act on the petition for reconsideration or the appeal. In determining 29 the place of a hearing, the commission shall give preference to holding the hearing at 30 a place most convenient for those interested in the subject of the hearing. 31 * Sec. 5. Section 27, ch. 25, SLA 1999, is repealed.
01 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).