reglab/housing_qa huggingface dataset:
AK Stat § 44.62.540 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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. 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 order a reconsideration expires 30 days after the delivery or mailing of a decision to the respondent. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition is considered denied. (b) The case may be reconsidered by the agency on all the pertinent parts of the record and the additional evidence and argument that are permitted, or may be assigned to a hearing officer. A reconsideration assigned to a hearing officer is subject to the procedure provided in AS 44.62.500. If oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the evidence.
AK Stat § 44.62.550 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 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 the filing of the petition, and the attorney general and the petitioner shall be given an opportunity to present either oral or written argument before the agency. The agency shall decide the petition, and the decision must include the reasons for the decision. This section does not apply if the statutes dealing with the particular agency contain different provisions for reinstatement or reduction of penalty.
AK Stat § 44.62.560 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this section, the notice of appeal shall be filed within 30 days after the last day on which reconsideration can be ordered, and served on each party to the proceeding. The right to appeal is not affected by the failure to seek reconsideration before the agency. (b) The complete record of the proceedings, or the parts of it which the appellant designates, shall be prepared by the agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost. (c) The complete record includes (1) the pleadings; (2) all notices and orders issued by the agency; (3) the proposed decision by a hearing officer; (4) the final decision; (5) a transcript of all testimony and proceedings; (6) the exhibits admitted or rejected; (7) the written evidence; and (8) all other documents in the case. (d) Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall be followed where this chapter is silent, and when not in conflict with this chapter. (e) The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an agency proceeding. If agency action is unlawfully withheld or unreasonably withheld, the superior court may compel the agency to initiate action.
AK Stat § 44.62.570 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 discretion is established if the agency has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence. (c) The court may exercise its independent judgment on the evidence. If it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by (1) the weight of the evidence; or (2) substantial evidence in the light of the whole record. (d) The court may augment the agency record in whole or in part, or hold a hearing de novo. If the court finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing, the court may (1) enter judgment as provided in (e) of this section and remand the case to be reconsidered in the light of that evidence; or (2) admit the evidence at the appellate hearing without remanding the case. (e) The court shall enter judgment setting aside, modifying, remanding, or affirming the order or decision, without limiting or controlling in any way the discretion legally vested in the agency. (f) The court in which proceedings under this section are started may stay the operation of the administrative order or decision until (1) the court enters judgment; (2) a notice of further appeal from the judgment is filed; or (3) the time for filing the notice of appeal expires. (g) A stay may not be imposed or continued if the court is satisfied that it is against the public interest. (h) If further appeal is taken, the supreme court may, in its discretion, stay the superior court judgment or agency order. (i) If a final administrative order or decision is the subject of a proceeding under this section, and the appeal is filed while the penalty imposed is in effect, finishing or complying with the penalty imposed by the administrative agency during the pendency of the proceeding does not make the determination moot.
AK Stat § 44.62.580 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 officer for good cause shown.
AK Stat § 44.62.590 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 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 oath or affirmation as a witness; (4) refuses to be examined; or (5) is guilty of misconduct at a hearing or so near the hearing as to obstruct the proceeding. (b) Upon certification under (a) of this section, the court shall issue an order directing the person to appear before the court and show cause why the person should not be punished for contempt. The order and a copy of the certified statement shall be served on the person. (c) After service under (b) of this section, the court has jurisdiction of the matter. (d) The law applicable to contempt committed by a person in the trial of a civil action before the superior court applies to contempt under this section as to (1) the proceeding taken; (2) the penalties imposed; and (3) the way the person charged may be purged of the contempt.
AK Stat § 44.62.600 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 recorded in a manner that identifies each person who has voted and how the person voted.
AK Stat § 44.62.610 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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.
AK Stat § 44.62.620 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 and certify official acts.
AK Stat § 44.62.630 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 7. Administrative Adjudication.|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 of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. These officers, except to the extent required for the disposition of ex parte matters authorized by law, may not engage in interviews with, or receive evidence or argument from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with these officers shall be served upon all parties.
AK Stat § 44.62.640 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 8. Definitions for AS 44.62.010 - 44.62.630.|Sec. 44.62.640. Definitions for AS 44.62.010 - 44.62.630.

(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 repeal” means a resolution, order, or other official act of a state agency that expressly repeals a regulation in whole or in part; (3) “regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of a rule, regulation, order, or standard adopted by a state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one that relates only to the internal management of a state agency; “regulation” does not include a form prescribed by a state agency or instructions relating to the use of the form, but this provision is not a limitation on a requirement that a regulation be adopted under this chapter when one is needed to implement the law under which the form is issued; “regulation” includes “manuals,” “policies,” “instructions,” “guides to enforcement,” “interpretative bulletins,” “interpretations,” and the like, that have the effect of rules, orders, regulations, or standards of general application, and this and similar phraseology may not be used to avoid or circumvent this chapter; whether a regulation, regardless of name, is covered by this chapter depends in part on whether it affects the public or is used by the agency in dealing with the public; (4) “state agency” means a department, office, agency, or other organizational unit of the executive branch, except one expressly excluded by law, but does not include an agency in the judicial or legislative branches of the state government. (b) In AS 44.62.330 - 44.62.630, unless the context otherwise requires, (1) “agency” includes the state boards, commissions, and officers listed in AS 44.62.330 and those to which this chapter is made applicable by law or executive order involving reorganization under the constitution; (2) “agency member” means a person who is a member of an agency to which AS 44.62.330 - 44.62.630 apply, and includes a person who individually is an agency; (3) “hearing officer” means a hearing officer qualified under AS 44.62.350; (4) “party” includes the agency, the respondent, and a person, other than an officer or an employee of the agency in an official capacity, who has been allowed to appear in the proceeding; (5) “respondent” means a person against whom an accusation is filed under AS 44.62.360 or against whom a statement of issues is filed under AS 44.62.370. (c) In this chapter “teleconferencing” means information exchange by audio or video medium.
AK Stat § 44.62.710 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.710. Purpose and applicability of AS 44.62.710 - 44.62.800.

(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 supplemental procedure to permit the direct participation of affected interests in the development of new regulations or the amendment or repeal of existing regulations. A consensus agreement reached by a negotiated regulation making committee may be modified by an agency head as a result of the subsequent regulation making process. AS 44.62.710 - 44.62.800 may not be construed as an attempt to limit innovation and experimentation with the negotiated regulation making process or to limit other means to obtain public participation in the regulation making process. (b) The provisions of AS 44.62.710 - 44.62.800 may be used by an agency even if other provisions of this chapter do not apply to that agency.
AK Stat § 44.62.720 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.720. Determination of need for negotiated regulation making committee.

(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, the agency head is advised to consider whether (1) there is a need for a regulation, including whether any legal action is pending that might resolve the need; (2) there are a limited number of identifiable interests that are held by more than one person and that will be significantly affected by the regulation; (3) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who (A) can adequately represent the interests identified under (2) of this section; and (B) are willing to negotiate in good faith to reach a consensus on the proposed regulation; (4) there is a reasonable likelihood that a committee will reach a consensus on the proposed regulation within a fixed period of time; (5) the negotiated regulation making procedure will not unreasonably delay the adoption of the final regulation; (6) the agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and (7) the agency head, to the maximum extent possible consistent with the legal or other obligations of the agency, will use the consensus of the committee as the basis for the regulation proposed by the agency under AS 44.62.010 - 44.62.319. (b) Upon determining that a negotiated regulation making committee will be formed, an agency head shall notify the public so that interested persons can apply to be appointed to the committee.
AK Stat § 44.62.730 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.730. Use of convener.

(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 discussions with affected persons on the issues of concern and determine whether the establishment of a negotiated regulation making committee is feasible and appropriate for the particular proposed regulation. (b) A person acting as a convener may also be named as a facilitator under AS 44.62.760. The convener shall report findings and make recommendations to the agency. The report and recommendations of the convener shall be made available to the public upon request.
AK Stat § 44.62.740 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.740. Establishment, time line, support, and termination of committee.

(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 described under AS 44.62.720(a)(3). Members of the committee serve at the pleasure of the agency head. If a committee member is unable to attend a meeting, the agency head may select a designee to serve in that member's place for a meeting. (b) Before notifying the public under AS 44.62.720(b), the agency head shall establish a time line for the work of the committee. The time line must include a completion date for the transmission to the agency of the report described in AS 44.62.750(d) or (e). The agency shall provide the time line to persons who apply for appointment to the committee. At its first meeting, the committee shall review the time line and recommend to the agency head any revisions to the time line. The agency head shall consider any recommendations and revise the time line if necessary to further the purposes of the negotiated regulation making process. (c) The agency head may expand the membership of the negotiated regulation making committee if necessary to facilitate the workings of the committee. (d) The agency shall make available administrative support to the negotiated regulation making committee, including technical support, that the agency head determines necessary. (e) A negotiated regulation making committee terminates upon adoption under AS 44.62.010 - 44.62.319 of the final regulation under consideration unless the agency head specifies an earlier termination date.
AK Stat § 44.62.750 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.750. Committee duties, procedures, and report.

(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 proposed regulation. (b) The person representing the agency on a negotiated regulation making committee shall participate in the deliberations of the committee with the same rights and responsibilities of other members of the committee and is authorized to fully represent the agency in the discussions and negotiations of the committee. (c) An agency head may adopt procedures for the operation of the negotiated regulation making committee. The agency head shall appoint the chair of the committee. (d) If a negotiated regulation making committee achieves consensus on a proposed regulation on or before the completion date established under AS 44.62.740(b), the committee shall transmit to the agency head that established the committee a report containing the proposed regulation. (e) If a negotiated regulation making committee does not reach a consensus on the proposed regulation on or before the completion date established under AS 44.62.740(b), the committee shall transmit to the agency head a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report other information, recommendations, or materials that the committee considers appropriate. A member of the committee may include as an addendum to the report additional information, recommendations, or materials. (f) AS 44.62.310 - 44.62.319 (Open Meetings Act) apply to meetings of a negotiated regulation making committee.
AK Stat § 44.62.760 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.760. Facilitator selection, duties, and authority.

(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 selected under (a) of this section shall (1) preside at the meetings of the committee in an impartial manner, unless the agency head has designated another person as chair; (2) impartially assist the members of the committee to conduct discussions and negotiations and to achieve consensus; (3) coordinate with the agency head regarding the management of records of the committee; and (4) perform other duties related to the negotiated regulation making committee that are assigned by the agency head. (c) A facilitator does not have decision-making authority for the committee.
AK Stat § 44.62.770 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.770. Employees, contractors, and funding.

(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 facilitator under AS 44.62.760, an agency head shall determine whether a person being considered has a financial or other interest that would prevent the person from serving in an impartial and independent manner. A person disqualified under this criterion may not be considered further. (c) A member of a negotiated regulation making committee shall disclose to the agency and other members of the committee a grant, gift, or other financial benefit that exceeds $150 and that has been accepted by the disclosing member to finance the disclosing member's participation on the negotiated regulation making committee.
AK Stat § 44.62.780 (2021)
2021 Alaska Statutes|Title 44. State Government|Chapter 62. Administrative Procedure Act|Article 9. Negotiated Regulation Making.|Sec. 44.62.780. Judicial review.

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 regulation that is the product of negotiated regulation making and is later subject to judicial review may not be given greater deference by a court for that reason than a regulation that is not the product of negotiated regulation making.