(a) The administrative law judge and each party is responsible for the efficient, just, and speedy conduct of the formal hearing. The administrative law judge may impose sanctions on the parties for failure to comply with a subpoena, an order respecting discovery, and any other matter regarding conduct of the appeal. In imposing sanctions, the administrative law judge shall be guided by the practices of the courts of this state in imposing sanctions for similar offenses in civil proceedings.

Terms Used In Alaska Statutes 43.05.460

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Subpoena: A command to a witness to appear and give testimony.
(b) The administrative law judge may

(1) remand the matter for consideration of material new information or material information withheld by a party;
(2) prohibit a party from introducing information previously withheld without good cause, and any other evidence dependent upon the information;
(3) enter an order, upon a showing of good cause,

(A) barring a designated claim or defense;
(B) striking part or all of a pleading of a party; or
(C) dismissing part or all of the appeal; or
(4) grant any other relief that the administrative law judge considers appropriate.
(c) In addition to the remedies of (a) and (b) of this section, a party may seek enforcement of a subpoena or other order of an administrative law judge by the superior court under Alaska Stat. § 44.62.590.
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