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) whether the agency has proceeded without, or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a prejudicial abuse of discretion. Abuse of […]
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 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 substantially in the […]
Sec. 44.62.330. Application of AS 44.62.330 – 44.62.630.
(a) The procedure of the state boards, commissions, and officers listed in this subsection or of their successors by reorganization under the constitution shall be conducted under AS 44.62.330 – 44.62.630. This procedure, including accusations and statements of issues, service, notice and time and place of hearing, subpoenas, depositions, matters concerning evidence and decisions, conduct […]
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 a law enacted after April 29, 1959, where the word “agency” alone is used, the power to act may be delegated by the agency, and where the words “agency itself” […]
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 this chapter that are not conducted by the office of administrative hearings (AS 44.64.010). A hearing officer may perform other duties in connection with the administration of this chapter and other […]
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. The accusation must (1) be a written statement of charges setting out in ordinary and concise language the acts or omissions with which the respondent is charged, so that the respondent […]
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 of issues. The statement of issues is a written statement specifying (1) the statute and regulation with which the respondent must show compliance by producing proof at the hearing; and (2) […]
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) shall include with the accusation a post card or other form entitled “Notice of Defense” that, when signed by or on behalf of the respondent and returned to the […]
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 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 which the agency may proceed; […]
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. All parties shall be notified of the filing. If the amended or supplemental accusation presents new charges the agency shall give the respondent a reasonable opportunity to prepare a defense to […]