8 Alaska Admin. Code § 57.180

Current through September 25, 2024

Section 8 AAC 57.180 - Contents of excerpts of record

(a) The excerpt of record from an appellant or an appellant who is also a cross-appellee must include the following:

(1) the claim, accusation, answer, or petition setting out the issues to be decided;

(2) other decisions or orders of the board for which review is sought;

(3) if the party is challenging the admission or exclusion of evidence or other oral ruling or order, a copy of the pages of the transcript at which the evidence, ruling, or order, the relevant discussion by the board, and any necessary objection are recorded; and

(4) true and correct copies of documents in the record that are referenced in the appellant's brief that support each factual assertion of the appellant.

(b) An excerpt of record from an appellee or an appellee who is also a cross-appellant must include true and correct copies of documents in the record that

(1) are referenced in the appellee's brief

(2) support each factual assertion of the appellee; and

(3) are not included in the appellant's excerpt of record under (a) of this section.

(c) An appellant who is also a cross-appellee may file a supplemental excerpt of record with the appellant's reply brief.

(d) The documents in a party's excerpt of record or supplemental excerpt of record must

(1) be true and correct copies of documents in the record;

(2) be arranged in chronological order by document date with the earliest date on top and numbered consecutively at the bottom of the page, with the appellant's numbering beginning with 1, and appellee's numbering beginning with the number immediately following the number of the last page of the appellant's excerpt;

(3) in the case of a supplemental excerpt, be numbered beginning with the number immediately following the number of the last page of the appellee's excerpt;

(4) be referenced in a table of contents that includes a brief description of each document, the date of the document, and the number of the first page of each document, as provided in (2) or (3) of this subsection, as appropriate; and

(5) be filed separately from, but simultaneously with, the party's brief.

(e) Materials never presented to the board and not part of the board's record on appeal may not be added to a party's excerpt of record.

8 AAC 57.180

Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024

Authority:AS 23.30.008

AS 23.30.127