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 or scientific matter within the agency’s special field, and of a fact that is judicially noticed by the courts of the state. Parties present at the hearing shall be informed of […]
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 amendment and opportunity to show that the party will be prejudiced by it unless the case is reopened to permit the introduction of additional evidence in behalf of the party. If […]
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 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 vote on the […]
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 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 personally or sent to them by […]
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) the agency itself orders that the decision become effective sooner; or (3) a stay of execution is granted for a particular purpose and not to postpone judicial review. (b) […]
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 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 is on the respondent to establish […]
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. 44.62.250. Emergency regulations.
(a) Except for a regulation adopted under AS 11.71.125, a regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is […]
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. 44.62.260. Limitation on effective period of emergency regulations.
(a) Except as provided in (c) of this section, a regulation adopted as an emergency regulation does not remain in effect more than 120 days unless the adopting agency complies with AS 44.62.040(c), 44.62.060, and 44.62.190 – 44.62.215 either before submitting the regulation to the lieutenant governor or during the 120-day period. (b) Except as […]