Alaska Statutes
Alaska Stat. § 23.30.135 (2026)
Procedure before the board
✓ current as of July 2026
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Sec. 23.30.135. Procedure before the board.
(a) In making an investigation or inquiry or conducting a hearing the board is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter. The board may make its investigation or inquiry or conduct its hearing in the manner by which it may best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect to which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and are, if corroborated by other evidence, sufficient to establish the injury.
(b) All testimony given during a hearing before the board shall be recorded, but need not be transcribed unless further review is initiated. Hearings before the board shall be open to the public.
(a) In making an investigation or inquiry or conducting a hearing the board is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter. The board may make its investigation or inquiry or conduct its hearing in the manner by which it may best ascertain the rights of the parties. Declarations of a deceased employee concerning the injury in respect to which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and are, if corroborated by other evidence, sufficient to establish the injury.
(b) All testimony given during a hearing before the board shall be recorded, but need not be transcribed unless further review is initiated. Hearings before the board shall be open to the public.
Notes of Decisions
Cited in 20
cases (5 in the last 5 years), 1966–2025 · leading case: Adamson v. Univ. of Alaska, 819 P.2d 886 (Alaska 1991).
Adamson v. Univ. of Alaska, 819 P.2d 886 (Alaska 1991). “The superior court affirmed this exclusion of evidence, citing AS 23.30.135(a). [2] Adamson argues that the Board's approach was a sanction that denied her a fair hearing consistent with due process.”
Cook v. Alaska Workmen's Comp. Bd., 476 P.2d 29 (Alaska 1970). “AS 23.30.135(a) provides in part: “Declarations of a deceased employee concerning the injury in respect to which the investigation or inquiry is being made or the hearing conducted shall be received in evidence * * (Emphasis added.”
Thoeni v. Consum. Elec. Servs., 151 P.3d 1249 (Alaska 2007). “AS 23.30.135(a) provides in relevant part: In .”
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “AS 23.30.135(a). 11 . Id. 12 . O’Callaghan, 996 P.”
Barrington v. Alaska Commc'ns Sys. Grp., Inc., 198 P.3d 1122 (Alaska 2009). “22, 2000) (interpreting AS 23.30.135 and 8 AAC 45.040 as giving board authority to join parties to claims); Wynne v.”
DeYonge v. Nana/Marriott, 1 P.3d 90 (Alaska 2000). “AS 23.30.135(a) authorizes the Board to "conduct its hearing in the manner by which it may best ascertain the rights of the parties.”
Employers Com. Union Ins. Grp. v. Schoen, 519 P.2d 819 (Alaska 1974). “460(d) and AS 23.30.135(a), were never intended to, and could not, 18 abrogate the right to cross-examination in an adjudicatory proceeding.”
Veco Alaska, Inc. v. State, Dep't of Labor, Div. of Workers' Comp., Second Injury Fund, 189 P.3d 983 (Alaska 2008). “" (citing AS 23.30.135(a))). [11] See Kessick v. Alyeska Pipeline Serv.”
ARCTEC Servs. v. Cummings, 295 P.3d 916 (Alaska 2013). “Use of the scienter standard from the Restatement, which ARCTEC urges us to adopt as an alternative to the "objectively reasonable" standard, would produce the same result.”
Gregory Weaver v. ASRC Fed. Holding Co. & Arctic Slope Reg'l Corp., 464 P.3d 1242 (Alaska 2020). “ARCTEC responds that the Board and Commission were correct because Weaver never filed a separate 33 AS 23.30.135(a). 34 Estate of Arrowwood v.”
Alaska State Comm'n for Human Rights v. United Physical Therapy, United Physical Therapy v. Alaska State Comm'n for Human Rights, 484 P.3d 599 (Alaska 2021). “, AS 23.30.135(a) (“The board may make its investigation .”
Com. Union Companies v. Smallwood, 550 P.2d 1261 (Alaska 1976). “460 (d) and AS 23.30.135(a), were never intended to, and could not, abrogate the right to cross-examination in an adjudicatory proceeding.”
— Alaska Stat. § 23.30.135(a) — 14 cases
Adamson v. Univ. of Alaska, 819 P.2d 886 (Alaska 1991). “The superior court affirmed this exclusion of evidence, citing AS 23.30.135(a). [2] Adamson argues that the Board's approach was a sanction that denied her a fair hearing consistent with due process.”
Cook v. Alaska Workmen's Comp. Bd., 476 P.2d 29 (Alaska 1970). “AS 23.30.135(a) provides in part: “Declarations of a deceased employee concerning the injury in respect to which the investigation or inquiry is being made or the hearing conducted shall be received in evidence * * (Emphasis added.”
Thoeni v. Consum. Elec. Servs., 151 P.3d 1249 (Alaska 2007). “AS 23.30.135(a) provides in relevant part: In .”
DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “AS 23.30.135(a). 11 . Id. 12 . O’Callaghan, 996 P.”
DeYonge v. Nana/Marriott, 1 P.3d 90 (Alaska 2000). “AS 23.30.135(a) authorizes the Board to "conduct its hearing in the manner by which it may best ascertain the rights of the parties.”
— Alaska Stat. § 23.30.135(b) — 1 case
Alaska Redi-Mix, Inc. v. Alaska Workmen's Comp. Bd., 417 P.2d 595 (Alaska 1966).
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