reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 is able to prepare a defense;
(2) specify the statute and regulation that the respondent is alleged to have violated, but may not consist merely of charges phrased in the language of the statute and regulation; and
(3) be verified, unless made by a public officer acting in an official capacity or by an employee of the agency on whose behalf the proceeding is to be held; the verification may be on information and belief.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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) particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought.
(b) The statement of issues shall be verified unless made by a public officer acting in an official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief.
(c) The statement of issues, together with the form for notice of defense and other information described in AS 44.62.380, shall be delivered to the respondent or sent by certified mail to the latest address on file with the agency, except that if a hearing has already been requested by the respondent,
(1) AS 44.62.380 and 44.62.390 do not apply; and
(2) the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in AS 44.62.420.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 agency, acknowledges service of the accusation and constitutes a notice of defense under AS 44.62.390;
(3) shall include in or with the copy of the accusation a statement that respondent may request a hearing by filing a notice of defense as provided in AS 44.62.390 within 15 days after the accusation is served on the respondent and that failure to do so constitutes a waiver of the right to a hearing;
(4) may include with the accusation any information that it considers appropriate.
(b) The statement to respondent must be substantially in the following form:
Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation is delivered or mailed to the agency within 15 days after the accusation was personally served on you or mailed to you, (here insert name of agency) may proceed upon the accusation without a hearing. The request for a hearing may be made by delivering or mailing the enclosed form entitled “Notice of Defense,” or by delivering or mailing a notice of defense as provided by AS 44.62.390 to: (here insert name and address of agency).
(c) The accusation and all accompanying information may be sent to the respondent by any means selected by the agency. However, the agency may not make an order adversely affecting the rights of the respondent unless the respondent is served personally or by certified mail, files a notice of defense, or otherwise appears. Service may be proved in the manner authorized in civil actions. Service by certified mail is effective if a statute or agency regulation requires the respondent to file an address with the agency and to notify the agency of a change, and if a certified letter containing the accusation and accompanying material is mailed, addressed to respondent at the latest address on file with the agency.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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;
(3) object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense;
(4) admit the accusation in whole or in part;
(5) present new matter by way of defense.
(b) Within the time specified the respondent may file one or more notices of defense upon any or all of the grounds set out in (a) of this section but all of the notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice.
(c) The respondent is entitled to a hearing on the merits if the respondent files a notice of defense, and the notice of defense is considered a specific denial of all parts of the accusation not expressly admitted. Failure to file the notice constitutes a waiver of the respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in (a)(3) of this section, all objections to the form of the accusation are waived.
(d) The notice of defense must be in writing, signed by or on behalf of the respondent, and must state the respondent's mailing address. It need not be verified or follow a particular form.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 it, but the respondent is not entitled to file a further pleading unless the agency in its discretion so orders. New charges are considered controverted. Objections to the amended or supplemental accusation may be made orally and shall be noted in the record.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 the place where the transaction occurred or where the respondent resides, if the transaction occurred in or the respondent resides in the First Judicial District; in Anchorage if the transaction occurred or the respondent resides within the Third Judicial District; in Fairbanks or Nome, 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 Second or Fourth Judicial District. The agency may, if the transaction occurred in a judicial district other than that of respondent's residence, select an appropriate place of hearing in either district. The agency may select a different place nearer the place where the transaction occurred or where the respondent resides, or the parties by agreement may select any place in the state.
(b) A party may request that the party or a witness participate by telephone in a hearing. The requesting party shall pay the costs of the telephonic participation. Unless a finding is made that the telephonic participation would substantially prejudice the rights of an opposing party, the agency shall grant the request for that party or witness to participate telephonically if
(1) no party objects;
(2) the witness lives more than 30 miles one way from the hearing site;
(3) the party lives more than 100 miles one way from the hearing site; or
(4) other good cause is shown to the satisfaction of the agency.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 following form but may include other information:
You are notified that a hearing will be held before (here insert name of agency) at (here insert place of hearing) upon the ............. day of ................, 2 ..., at the hour of ............, upon the charges made in the accusation served upon you. You may be present at the hearing, may be but need not be represented by counsel, may present any relevant evidence, and will be given full opportunity to cross-examine all witnesses testifying against you. You may have subpoenas issued to compel the attendance of witnesses and the production of books, documents or other things by applying to (here insert appropriate office or agency).
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 rules of civil procedure. After the hearing begins the agency hearing a case or a hearing officer sitting alone may issue subpoenas and subpoenas duces tecum.
(b) A subpoena issued under (a) of this section extends to all parts of the state and shall be served in accordance with the rules of civil procedure. A witness is not obliged to attend at a place out of the house district in which the witness resides unless the distance is less than 100 miles from the place of residence, except that the agency, upon affidavit of a party showing that the testimony of the witness is material and necessary, may endorse on the subpoena an order requiring the attendance of the witness.
(c) A witness who is not a party and who appears under a subpoena is entitled to receive
(1) fees as prescribed for a witness in court actions, unless the witness is an officer or employee of the state or a political subdivision of the state;
(2) reimbursement of transportation expenses in accordance with standards established by the Department of Administration under AS 39.20.160, for required travel in excess of 30 miles round trip from the witness's residence; and
(3) reimbursement of food and lodging expenses in accordance with standards established by the Department of Administration under AS 39.20.160 for each day of actual attendance and for each day of reasonable and necessary travel to and from the place of the hearing if the witness attends a hearing or deposition at a point so distant from the residence of the witness that a return to the residence from day to day is not practicable.
(d) Fees, transportation expenses, and food and lodging expenses shall be paid by the party at whose request the witness is subpoenaed.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 testimony, by any reasonable method including those methods prescribed by law in civil actions.
(b) If the witness resides outside the state and if the agency orders the taking of the testimony of the witness by deposition, the agency shall obtain an order of court to that effect by filing a petition for the taking of the deposition in the superior court nearest to the principal office of the agency. The proceedings on this order shall be in accordance with provisions governing the taking of depositions in the superior court in a civil action.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 administrative hearings (AS 44.64.010), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the case with the hearing officer.
(b) If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law. The agency shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
(c) A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the hearing officer or agency member cannot accord a fair and impartial hearing or consideration. A party may request the disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. If the request concerns an agency member the issue shall be determined by the other members of the agency. If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case with the hearing officer, and by the hearing officer when the officer hears the case alone. An agency member may not withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to act in the particular case.
(d) The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of assuring an accurate record.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 matter relevant to the issues, even though that matter was not covered in the direct examination;
(4) impeach a witness regardless of which party first called the witness to testify; and
(5) rebut the adverse evidence.
(c) If the respondent does not testify in behalf of the respondent, the respondent may be called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule that makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege are effective to the same extent that they are recognized in a civil action. Irrelevant and unduly repetitious evidence shall be excluded.
(e) Unless a different standard of proof is stated in applicable law, the
(1) petitioner has the burden of proof by a preponderance of the evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a right, authority, license, or privilege has been denied;
(2) respondent has the burden of proof by a preponderance of the evidence if a right, authority, license, or privilege has been initially denied or not issued.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 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, within seven days after that mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, the party's right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not given after request for it is made, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(b) The notice referred to in (a) of this section must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be called to testify orally and you may not question the affiant unless you notify (here insert name of proponent or the proponent's attorney) at (here insert address) that you wish to cross-examine the affiant. To be effective your request must be mailed or delivered to (here insert name of proponent or the proponent's attorney) before (here insert a date eight days after the date of mailing or delivering the affidavit to the opposing party).
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 the matters to be noticed, and those matters shall be noted in the record, referred to in the record, or appended to it. A party present at the hearing shall, upon request, be given a reasonable opportunity to refute the officially noticed matters by evidence or by written or oral presentation of authority. The agency shall determine the manner of this refutation.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 prejudice is shown, the agency shall reopen the case to permit the introduction of additional evidence.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 decision.
(b) If a contested case is heard by a hearing officer alone, the hearing officer shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be filed by the agency as a public record with the lieutenant governor, and a copy of the proposed decision shall be served by the agency on each party in the case and the party's attorney. Except as otherwise provided in AS 44.64.060(e), for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.
(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned the hearing officer shall prepare a proposed decision as provided in (b) of this section upon the additional evidence and the transcript and other papers that are part of the record of the earlier hearing. A copy of the proposed decision shall be furnished to each party and the party's attorney as prescribed by (b) of this section. The agency may not decide a case provided for in this subsection without giving the parties the opportunity to present either oral or written argument before the agency. If additional oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the additional oral evidence. This subsection does not apply to a hearing conducted by the office of administrative hearings.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 certified mail.
(b) A decision in a primarily judicial proceeding has retroactive effect in the same manner as a decision of a state court.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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) A stay of execution may be included in the decision or, if not included in it, may be granted by the agency at any time before the decision becomes effective. The stay of execution may be accompanied by an express condition that the respondent comply with specified terms of probation. The terms of probation shall be just and reasonable in the light of the findings and decision.
(c) If the respondent was required to register with a public officer, a notification of suspension or revocation shall be sent to that officer after the decision becomes effective.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 7. Administrative Adjudication. › 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 that the respondent is entitled to the agency action sought, the agency may act without taking evidence. Nothing in this chapter may be construed to deprive the respondent of the right to make a showing by way of mitigation.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 8. Definitions for AS 44.62. › Sec. 44.62.640. 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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 9. Negotiated Regulation Making. › Sec. 44.62.790. Relationship to other requirements.

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 regulation making shall, where possible, occur before the procedures under AS 44.62.010 - 44.62.319 begin.
2023 Alaska Statutes › Title 44. State Government › Chapter 62. Administrative Procedure Act › Article 9. Negotiated Regulation Making. › Sec. 44.62.795. Confidentiality of certain records and documents.

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 records or working documents contain proprietary information and the owner of the records or working documents requests that the records or working documents be kept confidential.