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HB 234: "An Act relating to administrative adjudication under the Administrative Procedure Act."

00 HOUSE BILL NO. 234                                                                                                      
01 "An Act relating to administrative adjudication under the Administrative Procedure                                      
02 Act."                                                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 44.62.370(c) is amended to read:                                                                    
05  (c)  The statement of issues, together with the form for notice of defense and                                       
06 other information described in AS 44.62.380,  shall be delivered to [SERVED IN]                                      
07 the respondent or sent by certified mail to the latest address on file with the                                        
08 agency [SAME MANNER AS AN ACCUSATION], except that if a [THE] hearing                                               
09 has already been requested by [IS HELD AT THE REQUEST OF] the respondent                                               
10   (1)  AS 44.62.380 and 44.62.390 do not apply; and                                                                    
11   (2)  the statement of issues together with the notice of hearing shall be                                            
12 delivered or mailed to the parties as provided in AS 44.62.420.                                                         
13    * Sec. 2.  AS 44.62.380(c) is amended to read:                                                                       
14  (c)  The accusation and all accompanying information may be sent to the                                               
01 respondent by any means selected by the agency. However, the agency may not make                                      
02 an order adversely affecting the rights of the respondent [MAY NOT BE MADE BY                                           
03 THE AGENCY] unless the respondent is served personally or by certified                                                
04 [REGISTERED] mail, files a notice of defense, or otherwise appears.  Service may be                                     
05 proved in the manner authorized in civil actions.  Service by certified [REGISTERED]                                  
06 mail is effective if a statute or agency regulation requires the respondent to file an                                  
07 address with the agency and to notify the agency of a change, and if a certified                                      
08 [REGISTERED] letter containing the accusation and accompanying material is mailed,                                      
09 addressed to respondent at the latest address on file with the agency.                                                  
10    * Sec. 3.  AS 44.62.410(a) is amended to read:                                                                       
11  (a)  The agency shall determine the time and place of hearing.  The hearing                                           
12 shall be held in Juneau or Ketchikan, whichever is closer to the place where the                                        
13 transaction occurred or where the respondent resides, if the transaction occurred in or                                 
14 the respondent resides in the First Judicial [SOUTHEASTERN SENATE] District;                                          
15 in Anchorage if the transaction occurred or the respondent resides within the Third                                    
16 Judicial [SOUTH CENTRAL SENATE] District; in Fairbanks or Nome, whichever                                              
17 is closer to the place where the transaction occurred or where the respondent resides,                                  
18 if the transaction occurred in or the respondent resides in the Second or Fourth                                       
19 Judicial District [CENTRAL OR NORTHWESTERN SENATE DISTRICTS].  The                                                     
20 agency may, if the transaction occurred in a judicial [SENATE] district other than that                               
21 of respondent's residence, select an appropriate [THE] place of hearing in                                          
22 [APPROPRIATE FOR] either district. The agency may select a different place nearer                                       
23 the place where the transaction occurred or where the respondent resides, or the parties                                
24 by agreement may select any place in the state.                                                                         
25    * Sec. 4.  AS 44.62.410(b) is repealed and reenacted to read:                                                        
26  (b)  A party may request that the party or a witness  participate by telephone                                        
27 in a hearing.  The requesting party shall pay the costs of the telephonic participation.                                
28 Unless a finding is made that the telephonic participation would substantially prejudice                                
29 the rights of an opposing party, the agency shall grant the request for that party or                                   
30 witness to participate telephonically if                                                                                
31   (1)  no party objects;                                                                                               
01   (2)  the witness lives more than 30 miles one way from the hearing site;                                             
02   (3)  the party lives more than 100 miles one way from the hearing site;                                              
03 or                                                                                                                      
04   (4)  other good cause is shown to the satisfaction of the agency.                                                    
05    * Sec. 5.  AS 44.62.430(c) is amended to read:                                                                       
06  (c)  A witness who is not a party and who appears under a subpoena is entitled                                        
07 to receive                                                                                                              
08   (1)  fees as prescribed for a witness in court actions, unless the  [,                                             
09 EXCEPT A] witness [WHO] is an officer or employee of the state or a political                                           
10 subdivision of the state;                                                                                               
11   (2)  reimbursement of transportation expenses in accordance with                                                    
12 standards established by the Department of Administration under AS 39.20.160,                                           
13 for required travel in excess of 30 miles round trip from the witness's residence                                      
14 [MILEAGE IN THE SAME AMOUNT AND UNDER THE SAME                                                                          
15 CIRCUMSTANCES AS PRESCRIBED BY LAW FOR A WITNESS IN A CIVIL                                                             
16 ACTION IN A SUPERIOR COURT]; and                                                                                      
17   (3)  reimbursement of subsistence expenses in accordance with                                                       
18 standards established by the Department of Administration under AS 39.20.160                                           
19 [AN ADDITIONAL FEE AND MILEAGE TO A PER DIEM COMPENSATION OF                                                            
20 $15] for each day of actual attendance and for each day of reasonable and necessary                                    
21 travel [NECESSARILY OCCUPIED IN TRAVELING] to and from the place of the                                              
22 hearing[,] if the witness attends a hearing or deposition at a point so distant [FAR                                
23 REMOVED] from the residence of the witness that a [AS TO PROHIBIT] return to                                          
24 the residence from day to day is not practicable.                                                                     
25    * Sec. 6.  AS 44.62.430(d) is amended to read:                                                                       
26  (d)  Fees, transportation expenses [MILEAGE], and expenses of subsistence                                           
27 shall be paid by the party at whose request the witness is subpoenaed.                                                  
28    * Sec. 7.  AS 44.62.440(a) is repealed and reenacted to read:                                                        
29  (a)  Upon a motion with good cause shown or upon stipulation of the parties,                                          
30 an agency may order discovery, including a deposition to perpetuate testimony, by any                                   
31 reasonable method including those methods prescribed by law in civil actions.                                           
01    * Sec. 8.  AS 44.62.460(e) is repealed and reenacted to read:                                                        
02  (e)  Unless a different standard of proof is stated in applicable law,                                                
03   (1)  the petitioner has the burden of proof by a preponderance of the                                                
04 evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a                                      
05 right, authority, license, or privilege has been denied;                                                                
06   (2)  the respondent has the burden of proof by a preponderance of the                                                
07 evidence if a right, authority, license, or privilege has been initially  denied or not                                 
08 issued.                                                                                                                 
09    * Sec. 9.  AS 44.62.510(a) is amended to read:                                                                       
10  (a)  A decision shall be written and must contain findings of fact, a                                                 
11 determination of the issues presented, and the penalty, if any. The findings may be                                   
12 stated in the language of the pleadings or by reference to them.  Copies of the decision                                
13 shall be delivered to the parties personally or sent to them by certified                                             
14 [REGISTERED] mail.                                                                                                      
15    * Sec. 10.  AS 44.62.540(a) is amended to read:                                                                      
16  (a)  The agency may order a reconsideration of all or part of the case on its                                         
17 own motion or on petition of a party.  To be considered by the agency, a petition                                      
18 for reconsideration must be filed with the agency within 15 days after delivery or                                      
19 mailing of the decision.  The power to order a reconsideration expires 30 days after                                   
20 the delivery or mailing of a decision to the respondent.  If no action is taken on a                                    
21 petition within the time allowed for ordering reconsideration, the petition is considered                               
22 denied.                                                                                                                 
23    * Sec. 11.  APPLICABILITY.  This Act applies to an accusation under AS 44.62.360 and                                 
24 a statement of issues under AS 44.62.370, filed on or after the effective date of this Act.