Title 44, State Government

(a) A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement of issues. The statement of issues is a written statement specifying (1) the statute and regulation with which the respondent must…

(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) shall include with the accusation a post card or other form entitled “Notice of Defense” that, when signed by or on behalf of the responde…

(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may (1) request a hearing; (2) object to the accusation upon the ground that it does not state acts or omissions upon …

At any time before the matter is submitted for decision the agency may file or permit the filing of an amended or supplemental accusation. All parties shall be notified of the filing. If the amended or supplemental accusation presents new charges the agency shall give the respond…

(a) The agency shall determine the time and place of hearing. The hearing shall be held in Juneau or Ketchikan, whichever is closer to the place where the transaction occurred or where the respondent resides, if the transaction occurred in or the respondent resides in the First J…

(a) The agency shall deliver or mail a notice of hearing to all parties at least 10 days before the hearing. The hearing may not be held before the expiration of the time within which the respondent is entitled to file a notice of defense. (b) The notice to respondent must be sub…

(a) Before the hearing begins the agency shall issue subpoenas and subpoenas duces tecum at the request of a party in accordance with the rules of civil procedure. After the hearing begins the agency hearing a case or a hearing officer sitting alone may issue subpoenas and subpoe…

(a) Upon a motion with good cause shown or upon stipulation of the parties, an agency may order discovery, including a deposition to perpetuate testimony, by any reasonable method including those methods prescribed by law in civil actions. (b) If the witness resides outside the s…

(a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of administrative hearings (AS 44.64.010), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears t…

(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 matter relevant to the issues, even though that matter was not covered in the direct examination; (4) imp…

(a) At any time 10 or more days before a hearing or a continued hearing, a party may mail or deliver to the opposing party a copy of an affidavit that the party proposes to introduce in evidence, together with a notice as provided in (b) of this section. Unless the opposing party…

In reaching a decision official notice may be taken, either before or after submission of the case for decision, of a generally accepted technical or scientific matter within the agency's special field, and of a fact that is judicially noticed by the courts of the state. Parties …

The agency may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and opportunity to show that the party will be prejudiced by it unless the case is reopened to permit the introduction of additio…

(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 of the case and, if requested, shall assist and advise the agency; and (2) a member of the agency who has not heard the evidence may not…

(a) A decision shall be written and must contain findings of fact, a determination of the issues presented, and the penalty, if any. The findings may be stated in the language of the pleadings or by reference to them. Copies of the decision shall be delivered to the parties perso…

(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) the agency itself orders that the decision become effective sooner; or (3) a stay of execution is granted for a particular purp…

If the respondent does not file a notice of defense or does not appear at the hearing, the agency may take action based upon the respondent's express admissions or upon other evidence, and affidavits may be used as evidence without notice to the respondent. If the burden of proof…

(a) The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party. To be considered by the agency, a petition for reconsideration must be filed with the agency within 15 days after delivery or mailing of the decision. The power to o…

A person whose license is revoked or suspended may petition the agency for reinstatement or reduction of penalty after one year from the effective date of the decision or from the date of the denial of a similar petition. The agency shall give notice to the attorney general of th…

(a) Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this section, the notice of appeal shall be filed…

(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) whether the agency has proceeded without, or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a pr…

The agency may grant continuances. If a hearing officer is assigned to a hearing, a continuance may not be granted except by the hearing officer for good cause shown.

(a) In a proceeding before an agency, the agency shall certify the facts to the superior court in the judicial district where the proceeding is held if a person in the proceeding (1) disobeys or resists a lawful order; (2) refuses to respond to a subpoena; (3) refuses to take oat…

A member of an agency qualified to vote on a question may vote by mail or by teleconferencing. A vote by teleconferencing shall be recorded in a manner that identifies each person who has voted and how the person voted.

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.

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 and certify official acts.

The functions of hearing officers and those officers participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. These officers, e…

Article 8. Definitions for AS 44.62.

(a) In AS 44.62.010 — 44.62.319, unless the context otherwise requires, (1) “lieutenant governor” means the office of the lieutenant governor in the executive branch of the state government, or another agency designated by executive order under the constitution; (2) “order of rep…

Article 9. Negotiated Regulation Making.

(a) The purpose of AS 44.62.710 — 44.62.800 is to establish a framework for the conduct of negotiated regulation making consistent with AS 44.62.010 — 44.62.319. Negotiated regulation making is not a substitute for the requirements of AS 44.62.010 — 44.62.319 but may be used as a…

(a) In addition to the regulation adoption requirements under AS 44.62.010 — 44.62.319, an agency head may determine that the use of a negotiated regulation making committee to negotiate and develop a proposed regulation is in the public interest. In making that determination, th…

(a) An agency head may use the services of an impartial person as a convener to assist in making the determination of need under AS 44.62.720 and to assist the agency to (1) identify the persons who will be significantly affected by a proposed regulation; and (2) conduct discussi…

(a) The agency head may establish a negotiated regulation making committee to assist in the formulation of a proposed regulation. The agency head should strive to achieve and maintain throughout the negotiated regulation making process the balanced committee representation descri…

(a) A negotiated regulation making committee shall consider the matter proposed by the agency head for consideration and shall attempt to reach consensus concerning a proposed regulation and any other matter on which the agency head requests assistance and that is relevant to the…

(a) An agency head may appoint a person who is impartial to serve as a facilitator for the negotiations of a negotiated regulation making committee. A person designated to represent the agency on substantive issues may not serve as facilitator. (b) A facilitator appointed or sele…

(a) An agency head may appoint an agency employee or obtain the services of another state employee or a private contractor to serve as a convener or facilitator for a negotiated regulation making committee. (b) Before appointing or selecting a convener under AS 44.62.730 or a fac…

An agency action relating to establishing, assisting, or terminating a negotiated regulation making committee under AS 44.62.710 — 44.62.800 is not subject to judicial review. Nothing in this section bars judicial review if the judicial review is otherwise provided by law. A regu…

The negotiated regulation making authorized by AS 44.62.710 — 44.62.800 is in addition to the procedures required under AS 44.62.010 — 44.62.319 for adopting, amending, or repealing regulations, and, if an agency head decides to use negotiated regulation making, the negotiated re…

Notwithstanding AS 40.25.100 — 40.25.220, records from private persons that are requested or used by a negotiated regulation making committee and working documents prepared by the committee that analyze or incorporate information from the records shall be kept confidential if the…

Article 10. General Provisions. In AS 44.62.710 — 44.62.800, (1) “agency” means a department, an institution, or a division or other administrative unit of the executive branch of state government authorized or required by law to make regulations, except that “agency” does not in…

(a) An agency may use teleconferencing for the benefit or convenience of the parties, the public, or the agency, in connection with a proceeding or act authorized under this chapter if all statutory and constitutional rights of the parties are waived or adequately protected. (b) …

This chapter may be cited as the Administrative Procedure Act.

(a) There is created in the Department of Administration an independent office of administrative hearings under the direction of the chief administrative law judge. (b) The chief administrative law judge must (1) be a resident of the state; (2) have experience in administrative l…

(a) The chief administrative law judge shall (1) supervise the office; (2) employ administrative staff, who shall be in the classified service; (3) employ administrative law judges, who shall be in the partially exempt service; (4) preside over administrative hearings handled by …

(a) The office shall conduct all adjudicative administrative hearings required under the following statutes or under regulations adopted to implement the statutes: (1) AS 04.11.510(b)(1) and (c) (alcoholic beverages license); (2) AS 05.15 (charitable gaming); (3) AS 05.20 (recrea…