Alaska Statutes Title 44, Chapter 44.62, Article 08 - Administrative Adjudication
- Sec. 44.62.340 Delegation of Power by Agencies.
(a) An agency listed in AS 44.62.330 may delegate the power to act, to hear, and to decide, unless expressly prohibited by law.(b) In...
- Sec. 44.62.350 Appointment of Hearing Officers.
(a) The governor shall assign a qualified, unbiased, and impartial hearing officer, with experience in the general practice of law, to conduct hearings under...
- Sec. 44.62.360 Accusation.
A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned is initiated by filing an accusation....
- Sec. 44.62.370 Statement of Issues.
(a) A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement...
- Sec. 44.62.380 Service of Accusation.
(a) Upon filing the accusation, the agency(1) shall serve a copy of the accusation on the respondent as provided in (c) of this section;(2)...
- Sec. 44.62.390 Notice of Defense.
(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In...
- Sec. 44.62.400 Amended or Supplemental Accusation.
At any time before the matter is submitted for decision the agency may file or permit the filing of an amended or supplemental accusation....
- Sec. 44.62.410 Time and Place of Hearing.
(a) The agency shall determine the time and place of hearing. The hearing shall be held in Juneau or Ketchikan, whichever is closer to...
- Sec. 44.62.420 Form of Notice of Hearing.
(a) The agency shall deliver or mail a notice of hearing to all parties at least 10 days before the hearing. The hearing may...
- Sec. 44.62.430 Subpoenas; Witness Fees.
(a) Before the hearing begins the agency shall issue subpoenas and subpoenas duces tecum at the request of a party in accordance with the...
- Sec. 44.62.440 Depositions.
(a) Upon a motion with good cause shown or upon stipulation of the parties, an agency may order discovery, including a deposition to perpetuate...
- Sec. 44.62.450 Hearings.
(a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of...
- Sec. 44.62.460 Evidence Rules.
(a) Oral evidence may be taken only on oath or affirmation.(b) Each party may(1) call and examine witnesses;(2) introduce exhibits;(3) cross-examine opposing witnesses on...
- Sec. 44.62.470 Evidence by Affidavit.
(a) At any time 10 or more days before a hearing or a continued hearing, a party may mail or deliver to the opposing...
- Sec. 44.62.480 Official Notice.
In reaching a decision official notice may be taken, either before or after submission of the case for decision, of a generally accepted technical...
- Sec. 44.62.490 Amendment of Accusation After Submission.
The agency may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended...
- Sec. 44.62.500 Decision in a Contested Case.
(a) If a contested case is heard before an agency(1) the hearing officer who presided at the hearing shall be present during the consideration...
- Sec. 44.62.510 Form and Retroactivity of Decision.
(a) A decision shall be written and must contain findings of fact, a determination of the issues presented, and the penalty, if any. The...
- Sec. 44.62.520 Effective Date of Decision; Stay.
(a) A decision becomes effective 30 days after it is delivered or mailed to the respondent unless(1) a reconsideration is ordered within that time;(2)...
- Sec. 44.62.530 Default.
If the respondent does not file a notice of defense or does not appear at the hearing, the agency may take action based upon...
- Sec. 44.62.540 Reconsideration.
(a) The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party....
- Sec. 44.62.550 Petition for Reinstatement or Reduction of Penalty.
A person whose license is revoked or suspended may petition the agency for reinstatement or reduction of penalty after one year from the effective...
- Sec. 44.62.560 Judicial Review.
(a) Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in accordance with...
- Sec. 44.62.570 Scope of Review.
(a) An appeal shall be heard by the superior court sitting without a jury.(b) Inquiry in an appeal extends to the following questions: (1)...
- Sec. 44.62.580 Continuances.
The agency may grant continuances. If a hearing officer is assigned to a hearing, a continuance may not be granted except by the hearing...
- Sec. 44.62.590 Contempt.
(a) In a proceeding before an agency, the agency shall certify the facts to the superior court in the judicial district where the proceeding...
- Sec. 44.62.600 Voting Procedure.
A member of an agency qualified to vote on a question may vote by mail or by teleconferencing. A vote by teleconferencing shall be...
- Sec. 44.62.610 Charge.
A sum authorized to be spent under AS 44.62.330 - 44.62.630 by an agency is a legal charge against the appropriations of the agency.
- Sec. 44.62.620 Power to Administer Oaths.
In a proceeding under AS 44.62.330 - 44.62.630 an agency, agency member, secretary of an agency, or hearing officer may administer oaths and affirmations...
- Sec. 44.62.630 Impartiality.
The functions of hearing officers and those officers participating in decisions shall be conducted in an impartial manner with due regard for the rights...
- Sec. 44.62.635 [Renumbered As As 44.62.930 ].
Repealed or RenumberedSec. 44.62.640. Definitions for AS 44.62.010 - 44.62.630.(a) In AS 44.62.010 - 44.62.320, unless the context otherwise requires,(1) "lieutenant governor" means the...
- Sec. 44.62.650 [Renumbered As As 44.62.950 ].
Repealed or Renumbered
Last modified: November 15, 2016