Section 2 AAC 64.990 - Definitions(a) In this chapter, unless the context requires otherwise,(1) "administrative hearing" has the meaning given in AS 44.64.200 and refers to proceedings conducted by the office in a case referred to or otherwise within the office's jurisdiction, regardless of whether the case is an appeal or an original action, or whether it requires a proceeding to hear argument or evidence;(2) "administrative law judge" has the meaning given in AS 44.64.200;(3) "agency" has the meaning given in AS 44.64.200;(4) "chief administrative law judge" means an individual appointed to the position created by AS 44.64.020 or the individual's designee acting as provided under a specific delegation of authority;(5) "discovery" means the use of subpoenas, interrogatories, requests for production of documents or other things, requests for admission, depositions, and other methods provided in statute or regulation by which a party may discover information within the knowledge or control of a person;(6) "document" means a written or electronic record of information, whatever the form, "document" includes books, maps, and papers of all types, and audio, video, or digital recordings;(7) "executive branch" means a branch of state government, other than the legislative or judicial branch, or a municipality or subunit of a municipality;(8) "final decision-maker" means the individual, board, or commission with the authority by statute or under a lawful delegation to issue a final decision in the administrative hearing that will be appealable to the superior court;(9) "financial interest" means involvement in, or ownership of, a business or property interest, or a professional or personal relationship, that is a source of income or other economic benefit to a person;(10) "hearing officer" has the meaning given in AS 44.64.200;(11) "hearing request" means the document filed to contest an agency decision or initiate the administrative hearing process or to respond to a disciplinary or enforcement action initiated by an agency;(12) "immediate family member" means(B) another individual cohabiting with the individual in a conjugal relationship that is not a legal marriage;(C) a child, including a stepchild and an adoptive child;(D) a parent, sibling, grandparent, aunt, or uncle; or(E) a parent or sibling of the person's spouse;(13) "improper ex parte communication" means an oral or written communication between a decision-maker, whether intermediate or final, and a party to an administrative hearing, a witness in a proceeding, or a person trying to influence the decision-maker that occurs outside of the presence of the other parties and without notice and an opportunity to participate being given to the other parties;(14) "motion" means a request, made by a party orally on the record in a proceeding or in a written document served on the other parties, for action by an administrative law judge;(15) "office" has the meaning given in AS 44.64.200;(16) "original paper" means a document created for filing in an administrative hearing before the office; "original paper" includes notices, requests, motions, briefs, affidavits, and reports;(17) "party" means (A) a person who requests an administrative hearing;(B) the agency appearing before the office in the case; and(C) another person entitled by statute, regulation, or order of the administrative law judge to participate in the hearing;(18) "person" has the meaning given in AS 01.10.060;(19) "personal interest" means an interest in or involvement with an organization, whether fraternal, nonprofit, for profit, charitable, or political, that benefits a person;(20) "subpoena" means a written command to appear at a certain time and place to testify, or to appear at a certain time and place to produce books, papers, and other things, and testify.(b) In AS 44.64.050(a) and this chapter, "private practice of law"(1) means the application, on behalf of a private person or non-governmental entity for pay or other compensation, of legal principles and judgment to the circumstances or objectives of others using the knowledge and skill of a person trained in the law; and(2) includes(A) giving advice or counsel on legal rights and duties;(B) selecting, drafting, or completing documents or agreements affecting the legal rights of others, or assisting another person in completing forms or preparing documents to be filed in a court or administrative proceeding;(C) representing another in court, in an administrative hearing or other proceeding, or in another formal dispute resolution process;(D) negotiating legal rights and responsibilities on behalf of another;(E) serving as a court-appointed guardian, conservator, or guardian ad litem;(F) serving in a neutral capacity as a mediator, arbitrator, conciliator, or facilitator;(G) participating on behalf of another in labor negotiations, arbitrations, or conciliations; and(H) acting as a legislative lobbyist.Eff. 7/2/2006, Register 178Authority:AS 44.64.020
AS 44.64.060
AS 44.64.200