CSSB 203(JUD): "An Act relating to administrative hearings, to hearing officers, and to administrative law judges; establishing the office of administrative hearings and relating to that office; and providing for an effective date."
00 CS FOR SENATE BILL NO. 203(JUD) 01 "An Act relating to administrative hearings, to hearing officers, and to administrative 02 law judges; establishing the office of administrative hearings and relating to that office; 03 and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 PURPOSE AND INTENT. The purpose of this Act is to increase the separation 08 between the adjudicatory functions of executive branch agencies and the agencies' 09 investigatory, prosecutory, and policy-making functions. The legislature intends by this Act 10 to 11 (1) provide for the delivery of high quality adjudication services in a timely, 12 efficient, and cost-effective manner; 13 (2) ensure respect for the dignity of the individuals whose cases are being 14 adjudicated;
01 (3) foster open and clearly explained agency decisions and improve public 02 access to the process of administrative adjudication; 03 (4) guarantee protection of all parties' due process rights, increase the public 04 parties' perception of fairness in administrative adjudication, and foster acceptance of final 05 administrative decisions by the public and affected parties; 06 (5) protect the integrity of the process of administrative adjudication and 07 decisional independence of administrative adjudicators; and 08 (6) increase consistency in administrative procedures and decisions. 09 * Sec. 2. AS 44.21 is amended by adding new sections to read: 10 Article 9. Office of Administrative Hearings. 11 Sec. 44.21.510. Office created. (a) There is created in the Department of 12 Administration an independent office of administrative hearings under the direction of 13 the chief administrative law judge. 14 (b) The chief administrative law judge must 15 (1) be a resident of the state; 16 (2) have experience in administrative law; 17 (3) be licensed to practice law in this state and have been admitted to 18 practice law in this state for at least five years; and 19 (4) have experience representing clients in administrative or judicial 20 proceedings. 21 (c) The chief administrative law judge is appointed to a five-year term of 22 office by the governor. An individual may serve not more than three full or partial 23 terms as chief administrative law judge. The governor may remove the chief 24 administrative law judge from office only for good cause and after a hearing 25 conducted by the attorney general. The basis for removal shall be stated in writing. A 26 vacancy in the office of chief administrative law judge shall be filled by the governor 27 and the individual appointed serves for the remainder of the term to which appointed. 28 (d) The chief administrative law judge shall receive a monthly salary that is 29 not less than Step A nor more than Step F, Range 27, of the salary schedule in 30 AS 39.27.011(a) for Juneau, Alaska. The chief administrative law judge is in the 31 partially exempt service.
01 Sec. 44.21.520. Powers and duties of chief administrative law judge. The 02 chief administrative law judge shall 03 (1) supervise the office; 04 (2) employ administrative staff, who shall be in the classified service; 05 (3) employ administrative law judges, who shall be in the partially 06 exempt service; 07 (4) preside over administrative hearings handled by the office or, based 08 upon the qualifications and expertise of the administrative law judges, assign 09 administrative law judges to preside over hearings, and protect, support, and enhance 10 the decisional independence of the administrative law judges; 11 (5) establish and implement performance standards, including 12 provision for timeliness, and peer review programs for administrative law judges 13 employed or retained by the office; 14 (6) make available and facilitate training and continuing education 15 programs and services in administrative procedure, administrative adjudication, 16 substantive law, alternate dispute resolution, and technical matters for administrative 17 law judges and other administrative adjudicators; 18 (7) survey administrative hearing participants and use other methods to 19 monitor the quality of administrative hearings held by the office and other state 20 agencies, and submit to the governor and the legislature on January 31 of each year the 21 results of the survey along with a report that includes a description of the activities of 22 the office and recommendations for statutory changes that may be needed in relation 23 to the administrative hearings held by the office or other state agencies; 24 (8) review and comment on regulations proposed by state agencies to 25 govern procedures in administrative hearings; 26 (9) enter into contracts as necessary to carry out the functions of the 27 office; 28 (10) annually prepare and submit to the commissioner of 29 administration a budget for the office for the next fiscal year that shall include and 30 separately identify funding for training and continuing education; a copy of the budget 31 submitted to the commissioner under this paragraph shall also be submitted to the
01 Finance Committee of each house of the legislature; and 02 (11) after consulting with affected agencies, adopt regulations under 03 AS 44.62 (Administrative Procedure Act) to carry out the duties of the office and 04 implement this chapter. 05 * Sec. 3. AS 44.21 is amended by adding new sections to read: 06 Sec. 44.21.530. Jurisdiction of the office. (a) The office shall conduct all 07 adjudicative administrative hearings required under the following statutes or under 08 regulations adopted to implement the statutes: 09 (1) AS 04.11.510(b)(1) and (c) (alcoholic beverages license); 10 (2) AS 05.15 (charitable gaming); 11 (3) AS 05.20 (recreational devices); 12 (4) AS 05.90.001 (special racing events); 13 (5) AS 06 (banks and financial institutions); 14 (6) AS 08 (occupational licensing), other than AS 08.08 and 15 AS 08.62.046; 16 (7) AS 10.06 (Alaska Corporations Code); 17 (8) AS 10.13 (Alaska BIDCO Act); 18 (9) AS 10.25.375 (Electric and Telephone Cooperative Act); 19 (10) AS 10.50.408 (limited liability companies); 20 (11) AS 14.11.016 (education-related facility grants); 21 (12) AS 14.18 (discrimination in public education); 22 (13) AS 14.20.030 (teacher certificates); 23 (14) AS 14.30 (educational programs); 24 (15) AS 14.48 (postsecondary educational institutions); 25 (16) AS 17.20 (Alaska Food, Drug, and Cosmetic Act), other than 26 AS 17.20.060 and 17.20.360; 27 (17) AS 18.18.030 (hospice licenses); 28 (18) AS 18.20 (hospitals and nursing facilities), other than 29 AS 18.20.180; 30 (19) AS 18.35.040 (tourist accommodations); 31 (20) AS 18.60 (safety);
01 (21) AS 18.67.040 (Violent Crimes Compensation Board); 02 (22) AS 18.80 (State Commission for Human Rights); 03 (23) AS 21 (insurance); 04 (24) AS 25.27 (child support enforcement); 05 (25) AS 32.06 (Uniform Partnership Act); 06 (26) AS 34.45 (unclaimed property); 07 (27) AS 34.55.024 and 34.55.026 (Uniform Land Sales Practices Act); 08 (28) AS 36.30 (State Procurement Code); 09 (29) AS 38.05.065 (contracts for sale of state land); 10 (30) AS 39.52 (Alaska Executive Branch Ethics Act); 11 (31) AS 43.23 (permanent fund dividends); 12 (32) AS 43.70 (Alaska Business License Act); 13 (33) AS 44.77 (claims against the state); 14 (34) AS 45.30.040 (mobile homes); 15 (35) AS 45.55 (Alaska Securities Act); 16 (36) AS 45.57 (Takeover Bid Disclosure Act); 17 (37) AS 47.33 (assisted living homes); 18 (38) AS 47.35 (child care); 19 (39) AS 47.45 (longevity bonuses). 20 (b) An agency may request the office to conduct an administrative hearing of 21 that agency or to conduct several administrative hearings under statutes not listed in 22 (a) of this section. The office may provide the service after entering into a written 23 agreement with the agency describing the services to be provided and providing for 24 reimbursement by the agency to the office of the costs incurred by the office in 25 providing the services. 26 (c) To the extent otherwise permitted by law, the agency may delegate to the 27 administrative law judge assigned to conduct the hearing on behalf of the agency the 28 authority to make a final agency decision in the matter. The final decision may be 29 appealed to the superior court by any party. 30 (d) Nothing in AS 44.21.510 - 44.21.599 may be construed to create a right to 31 a hearing or to require a hearing that is not required under other law.
01 Sec. 44.21.540. Administrative law judges. (a) An administrative law judge 02 must be admitted to practice law in this state and must have been admitted to practice 03 in this state for at least two years before being employed or retained with the office. 04 The chief administrative law judge shall establish additional qualifications for 05 administrative law judges employed or retained by the office and for those 06 administrative law judges that may be assigned to particular types of cases. 07 Notwithstanding AS 39.25.120(b), full-time administrative law judges employed by 08 the office are subject to the personnel rules adopted under AS 39.25.150(7), (15), and 09 (16). 10 (b) An administrative law judge employed or retained by the office may, in 11 conducting an administrative hearing for an agency, exercise the powers authorized by 12 law for exercise by that agency in the performance of its duties in connection with the 13 hearing. An administrative law judge may 14 (1) engage in alternative dispute resolution under regulations adopted 15 by the chief administrative law judge that is in addition to any alternate dispute 16 resolution procedure used by an agency before the case is referred to the office; 17 (2) order a party, a party's attorney, or another authorized 18 representative of a party to pay reasonable expenses, including attorney fees, incurred 19 by another party as a result of actions done in bad faith or as a result of tactics used 20 frivolously or solely intended to cause unnecessary delay; 21 (3) perform other necessary and appropriate acts in the performance of 22 official duties. 23 (c) An administrative law judge employed by the office must devote full time 24 to the duties of the office unless appointed to a position that is less than full-time. An 25 administrative law judge employed by the office may not perform duties inconsistent 26 with the duties and responsibilities of an administrative law judge. 27 (d) The office may enter into a contract with an individual who meets the 28 qualifications established in (a) of this section to serve as an administrative law judge 29 in a particular administrative hearing or in several hearings of the same type. The 30 individual is subject to AS 39.52 (Alaska Executive Branch Ethics Act). 31 Notwithstanding AS 36.30.015(d), the office may contract for or hire an
01 administrative law judge without notifying or securing the approval of the Department 02 of Law. 03 Sec. 44.21.550. Code of hearing officer conduct. (a) The chief 04 administrative law judge shall, subject to AS 39.52.920 and by regulation, adopt a 05 code of hearing officer conduct. The code shall apply to the chief administrative law 06 judge, administrative law judges of the office, and hearing officers of each other 07 agency. 08 (b) Except as provided in (d) of this section, the chief administrative law judge 09 shall receive and consider all complaints against administrative law judges or hearing 10 officers employed or retained by the office or another agency alleging violations of the 11 code. If the chief administrative law judge determines that the conduct alleged, if true, 12 would constitute a violation of the code, the chief administrative law judge shall 13 deliver the complaint to the attorney general. 14 (c) If the attorney general determines that a violation has occurred, the 15 attorney general shall submit written findings to the agency that employed or retained 16 the administrative law judge or hearing officer who is the subject of the complaint 17 together with recommendations for corrective or disciplinary action. If the 18 administrative law judge is employed or retained by the office, the chief administrative 19 law judge shall take appropriate corrective or disciplinary action. 20 (d) The attorney general shall, by regulation, establish procedures to 21 implement (c) of this section, including procedures for investigating and holding 22 hearings on complaints. The attorney general shall receive and consider any 23 complaint filed against the chief administrative law judge under this section, and may 24 investigate or hold a hearing on the complaint in compliance with the regulations 25 adopted under this subsection. 26 Sec. 44.21.555. Reimbursement agreements. The office may enter into 27 agreements for reimbursement for services related to an administrative hearing from a 28 school district, municipality, or other governmental entity if the reimbursement is 29 authorized by other law. 30 Sec. 44.21.560. Procedure for hearings. (a) The chief administrative law 31 judge shall, by regulation, establish procedures for administrative hearings conducted
01 by the office. Each administrative hearing under the jurisdiction of the office or that 02 has been transferred to the office by an agency shall be conducted in accordance with 03 statutes that apply to that hearing, including, if applicable, AS 44.62 (Administrative 04 Procedure Act). In case of conflict between this section and another applicable statute 05 establishing procedures for administrative hearings, the other statute prevails. 06 However, to the extent regulations adopted by an agency for the conduct of an 07 administrative hearing conflict with regulations adopted by the chief administrative 08 law judge under this subsection, the regulations adopted by the chief administrative 09 law judge control to the maximum extent possible without conflicting with applicable 10 statutes. 11 (b) When an agency receives a request for a hearing that will be conducted by 12 the office under AS 44.21.530, the agency shall immediately notify the office. The 13 agency shall, within 10 days, compile and transmit to the office a copy of the agency's 14 decision, the request for a hearing, the agency record relied on to support the decision, 15 and the names, addresses, and telephone numbers of all parties and their 16 representatives. Any information provided to the office that is confidential by law 17 shall be kept confidential by the office. 18 (c) If requested by the agency that will make the final decision, the chief 19 administrative law judge may permit that agency to participate in an administrative 20 hearing. The chief administrative law judge shall determine the degree of 21 participation by the agency and may terminate that participation at any time. 22 However, a representative of an agency that participates under this subsection may not 23 serve as the administrative law judge or preside during the hearing. 24 (d) An administrative law judge employed or retained by the office shall, 25 within 120 days after the date the agency received the request for a hearing, prepare a 26 proposed decision, unless another time period is provided by law or agreed to by the 27 parties and the chief administrative law judge. The administrative law judge shall 28 immediately submit the proposed decision to the agency. 29 (e) A proposed decision in an administrative hearing shall be in a form that 30 may be adopted as the final decision by the agency with authority to make the final 31 decision. The proposed decision is a public record. A copy of the proposed decision
01 shall be served by the office on each party in the case or on the attorneys representing 02 those parties in the hearing. The agency with authority to make a final decision in the 03 case retains agency discretion in the final disposition of the case and shall, within 30 04 days after the date the proposed decision is served or at the next regularly scheduled 05 meeting that occurs at least 30 days after the proposed decision is served, do one or 06 more of the following: 07 (1) adopt the proposed decision as the final agency decision; 08 (2) return the case to the administrative law judge to take additional 09 evidence or make additional findings or for other specific proceedings, in which case 10 the administrative law judge shall complete the additional work and return the revised 11 proposed decision to the agency within 30 days after the original decision was 12 returned under this paragraph; 13 (3) exercise its discretion by revising the proposed enforcement action, 14 determination of best interests, order, award, remedy, sanction, penalty, or other 15 disposition of the case, and adopt the proposed decision as revised; 16 (4) in writing, reject, modify, or amend a factual finding in the 17 proposed decision by specifying the affected finding and identifying the testimony and 18 other evidence relied on by the agency for the rejection, modification, or amendment 19 of the finding, and issue a final agency decision; 20 (5) in writing, reject, modify, or amend an interpretation or application 21 in the proposed decision of a statute or regulation directly governing the agency's 22 actions by specifying the reasons for the rejection, modification, or amendment, and 23 issue a final agency decision. 24 (f) If a final decision is not issued timely in accordance with (e) of this section, 25 the administrative law judge's proposed decision is the final agency decision. 26 Sec. 44.21.570. Disqualification of administrative law judge. (a) The chief 27 administrative law judge or an administrative law judge employed or retained by the 28 office is disqualified from a case in which the administrative law judge cannot accord 29 a fair and impartial hearing or for other reasons established in the code of hearing 30 officer conduct. 31 (b) A party may request the disqualification of the chief administrative law
01 judge or another administrative law judge by filing an affidavit, before the taking of 02 evidence at a hearing, stating with particularity the grounds upon which it is claimed 03 that a fair and impartial hearing cannot be accorded by that administrative law judge. 04 Notwithstanding AS 44.62.450(c), upon receipt of the affidavit, the administrative law 05 judge assigned to the administrative hearing shall make a determination. If the affiant 06 objects to the decision, the matter shall be decided by the chief administrative law 07 judge, whose decision is final, or if the hearing is assigned to the chief administrative 08 law judge, by the attorney general, whose decision is final. 09 Sec. 44.21.580. Agency cooperation. (a) All agencies shall cooperate with 10 the chief administrative law judge and with other administrative law judges of the 11 office in the matters involving the duties of the office. 12 (b) Except as provided under AS 44.21.570 or by regulation adopted under 13 this chapter, an agency may not select or reject a particular administrative law judge 14 for assignment to an administrative hearing. 15 (c) After an administrative hearing is referred by an agency to the office for 16 hearing, the agency may not take further adjudicatory action in the case, except as a 17 party litigant or to render a final decision as provided by law. This subsection does 18 not otherwise limit the agency's authority to take action affecting a party to the case. 19 Sec. 44.21.590. Administrative hearing records. (a) The office shall 20 acquire and organize statistical and other information relating to administrative 21 hearings of the office and of other agencies. The office shall acquire and organize 22 copies of proposed and final agency decisions in contested cases and copies of court 23 decisions resulting from those contested cases. The information and decisions shall be 24 made available to the public, agencies, and legislature. The office shall make final 25 agency decisions available online through an electronic data base. 26 (b) This section does not apply to records that are confidential or privileged. 27 Sec. 44.21.595. Federal requirements. Federal requirements applicable to an 28 administrative hearing prevail to the extent they conflict with any provision of 29 AS 44.21.510 - 44.21.599. 30 Sec. 44.21.599. Definitions. In AS 44.21.510 - 44.21.599, 31 (1) "administrative hearing" means a quasi-judicial hearing before an
01 agency; 02 (2) "administrative law judge" means a hearing officer who presides 03 over the conduct of an administrative hearing and who is retained or employed by an 04 agency for that purpose; 05 (3) "agency" means an agency of the executive branch of state 06 government, including an officer, a division, or another subunit of an agency, a board 07 or commission, a public corporation, and the University of Alaska; 08 (4) "office" means the office of administrative hearings established in 09 AS 44.21.510. 10 * Sec. 4. AS 04.11.510(b) is amended to read: 11 (b) The board may review an application for the issuance, renewal, transfer of 12 location, or transfer to another person of a license without affording the applicant 13 notice or hearing, except 14 (1) if an application is denied, the notice of denial shall be furnished 15 the applicant immediately in writing stating the reason for the denial in clear and 16 concise language; the notice of denial must inform the applicant that the applicant is 17 entitled to an informal conference with either the director or the board, and that, if not 18 satisfied by the informal conference, the applicant is then entitled to a formal hearing 19 conducted before an administrative law judge from the office of administrative 20 hearings (AS 44.21.510) [THE BOARD]; if the applicant requests a formal hearing, 21 the office of administrative hearings [BOARD] shall adhere to AS 44.62.330 - 22 44.62.630 (Administrative Procedure Act); all interested persons may be heard at the 23 hearing and unless waived by the applicant and the board, the formal hearing shall be 24 held in the area for which the application is requested; 25 (2) the board may, on its own initiative or in response to an objection 26 or protest, hold a hearing to ascertain the reaction of the public or a local governing 27 body to an application if a hearing is not required under this subsection; the board 28 shall send notice of a hearing conducted under this paragraph 20 days in advance of 29 the hearing to each community council established within the municipality and to each 30 nonprofit community organization entitled to notification under AS 04.11.310(b); 31 (3) if a petition containing the signatures of 35 percent of the adult
01 residents having a permanent place of abode outside of but within two miles of an 02 incorporated city or an established village is filed with the board, the board shall hold 03 a public hearing on the question of whether the issuance, renewal, or transfer of the 04 license in the city or village would be in the public interest; 05 (4) if a protest to the issuance, renewal, transfer of location or transfer 06 to another person of a license made by a local governing body is based on a question 07 of law, the board shall hold a public hearing. 08 * Sec. 5. AS 05.20.080 is amended to read: 09 Sec. 05.20.080. Application of Administrative Procedure Act. The 10 procedure for review of the orders or actions of the department, its agents or 11 employees, is the same as that contained in AS 44.62 (Administrative Procedure Act). 12 Administrative hearings on contested cases shall be conducted by the office of 13 administrative hearings (AS 44.21.510). 14 * Sec. 6. AS 06.01.030(f) is amended to read: 15 (f) Hearings required or authorized under this title are not subject to 16 AS 44.62.330 - 44.62.630, except as required by AS 44.62.560 and 44.62.570. The 17 department shall adopt regulations, consistent with the provisions of this title, 18 establishing procedures for hearings held under this section. Administrative 19 hearings on contested cases shall be conducted by the office of administrative 20 hearings (AS 44.21.510). 21 * Sec. 7. AS 08.01.075(c) is amended to read: 22 (c) A board may summarily suspend a licensee from the practice of the 23 profession before a final hearing is held or during an appeal if the board finds that the 24 licensee poses a clear and immediate danger to the public health and safety. A person 25 is entitled to a hearing conducted by the office of administrative hearings 26 (AS 44.21.510) [BEFORE THE BOARD] to appeal the summary suspension within 27 seven days after the order of suspension is issued. A person may appeal an adverse 28 decision of the board on an appeal of a summary suspension to a court of competent 29 jurisdiction. 30 * Sec. 8. AS 08.01.087(b) is amended to read: 31 (b) If it appears to the commissioner that a person has engaged in or is about
01 to engage in an act or practice in violation of a provision of this chapter or a regulation 02 adopted under it, or a provision of AS 43.70, or a provision of this title or regulation 03 adopted under this title dealing with an occupation or board listed in AS 08.01.010, the 04 commissioner may, if the commissioner considers it in the public interest, and after 05 notification of a proposed order or action by telephone, telegraph, or facsimile to all 06 board members, if a board regulates the act or practice involved, unless a majority of 07 the members of the board object within 10 days, 08 (1) issue an order directing the person to stop the act or practice; 09 however, reasonable notice of and an opportunity for a hearing must first be given to 10 the person, except that the commissioner may issue a temporary order before a hearing 11 is held; a temporary order remains in effect until a final order affirming, modifying, or 12 reversing the temporary order is issued or until 15 days after the person receives the 13 notice and has not requested a hearing by that time; a temporary order becomes final if 14 the person to whom the notice is addressed does not request a hearing within 15 days 15 after receiving the notice; if the hearing involves AS 08.08, AS 08.62.046, or a 16 regulation adopted under those statutes, the commissioner or the commissioner's 17 designee shall be the hearing officer at the hearing and shall issue a final order within 18 10 days after the hearing; otherwise the hearing shall be conducted by the office of 19 administrative hearings (AS 44.21.510); 20 (2) bring an action in the superior court to enjoin the acts or practices 21 and to enforce compliance with this chapter, a regulation adopted under it, an order 22 issued under it, or with a provision of this title or regulation adopted under this title 23 dealing with business licenses or an occupation or board listed in AS 08.01.010; 24 (3) examine or have examined the books and records of a person 25 whose business activities require a business license or licensure by a board listed in 26 AS 08.01.010, or whose occupation is listed in AS 08.01.010; the commissioner may 27 require the person to pay the reasonable costs of the examination; and 28 (4) issue subpoenas for the attendance of witnesses, and the production 29 of books, records, and other documents. 30 * Sec. 9. AS 08.11.090(c) is amended to read: 31 (c) The department may summarily suspend a license before final hearing or
01 during the appeals process if the department finds that the licensee poses a clear and 02 immediate danger to the public welfare and safety if the licensee continues to practice. 03 An individual whose license is suspended under this subsection is entitled to a hearing 04 conducted by the office of administrative hearings (AS 44.21.510) not 05 [DEPARTMENT NO] later than seven days after the effective date of the order. The 06 individual may appeal the suspension after the hearing to the superior court. 07 * Sec. 10. AS 08.32.171(c) is amended to read: 08 (c) The board may summarily suspend the license of a licensee who refuses to 09 submit to a physical or mental examination under AS 08.36.070(b)(1). A person 10 whose license is suspended under this section is entitled to a hearing conducted by the 11 office of administrative hearings (AS 44.21.510) [BOARD] within seven days after 12 the effective date of the order. If, after a hearing, the board upholds the suspension, 13 the licensee may appeal the suspension to a court of competent jurisdiction. 14 * Sec. 11. AS 08.36.320(c) is amended to read: 15 (c) The board may summarily suspend the license of a licensee who refuses to 16 submit to a physical or mental examination under AS 08.36.070(b)(1). A person 17 whose license is suspended under this section is entitled to a hearing conducted by the 18 office of administrative hearings (AS 44.21.510) [BOARD] within seven days after 19 the effective date of the order. If, after a hearing, the board upholds the suspension, 20 the licensee may appeal the suspension to a court of competent jurisdiction. 21 * Sec. 12. AS 08.40.170(f) is amended to read: 22 (f) The department may summarily suspend a license before a final hearing is 23 held or during an appeal if the department finds that the licensee poses a clear and 24 immediate danger to the public health and safety. A person is entitled to a hearing 25 conducted by [BEFORE] the office of administrative hearings (AS 44.21.510) 26 [DEPARTMENT] to appeal the summary suspension within seven days after the order 27 of suspension is issued. A person may appeal an adverse decision of the department 28 on an appeal of a summary suspension to a court of competent jurisdiction. 29 * Sec. 13. AS 08.40.320(f) is amended to read: 30 (f) The department may summarily suspend a license before a final hearing is 31 held or during an appeal if the department finds that the licensee poses a clear and
01 immediate danger to the public health and safety. A person is entitled to a hearing 02 conducted by [BEFORE] the office of administrative hearings (AS 44.21.510) 03 [DEPARTMENT] to appeal the summary suspension within seven days after the order 04 of suspension is issued. A person may appeal an adverse decision of the department 05 on an appeal of a summary suspension to a court of competent jurisdiction. 06 * Sec. 14. AS 08.45.070(c) is amended to read: 07 (c) The division may summarily suspend a license before final hearing or 08 during the appeals process if the division finds that the licensee poses a clear and 09 immediate danger to the public health and safety if the licensee continues to practice. 10 A licensee whose license is suspended under this section is entitled to a hearing 11 conducted by the office of administrative hearings (AS 44.21.510) not [DIVISION 12 NO] later than seven days after the effective date of the order. The licensee may 13 appeal the suspension after a hearing to a court of competent jurisdiction. 14 * Sec. 15. AS 08.54.710(i) is amended to read: 15 (i) The department may summarily suspend a licensee from practice of the 16 profession under this chapter, for a period of not more than 30 days, before a final 17 hearing is held or during an appeal if the department finds that the licensee poses a 18 clear and immediate danger to the public health and safety. A person is entitled to a 19 hearing conducted by [BEFORE] the office of administrative hearings 20 (AS 44.21.510) [DEPARTMENT] to appeal the summary suspension within seven 21 days after the order of suspension is issued. A person may appeal an adverse decision 22 of the department on an appeal of summary suspension to a court of competent 23 jurisdiction. 24 * Sec. 16. AS 08.55.140(c) is amended to read: 25 (c) The department may summarily suspend a license before final hearing or 26 during the appeals process if the department finds that the licensee poses a clear and 27 immediate danger to the public welfare and safety if the licensee continues to practice. 28 A person whose license is suspended under this subsection is entitled to a hearing 29 conducted by the office of administrative hearings (AS 44.21.510) not 30 [DEPARTMENT NO] later than seven days after the effective date of the order. The 31 person may appeal the suspension after the hearing to the superior court.
01 * Sec. 17. AS 08.64.331(c) is amended to read: 02 (c) The board may summarily suspend a license before final hearing or during 03 the appeals process if the board finds that the licensee poses a clear and immediate 04 danger to the public health and safety if the licensee continues to practice. A person 05 whose license is suspended under this section is entitled to a hearing conducted by the 06 office of administrative hearings (AS 44.21.510) not [BOARD NO] later than seven 07 days after the effective date of the order and the person may appeal the suspension 08 after a hearing to a court of competent jurisdiction. 09 * Sec. 18. AS 08.65.120(c) is amended to read: 10 (c) The board may summarily suspend a license before final hearing or during 11 the appeals process if the board finds that the licensee poses a clear and immediate 12 danger to the public health and safety if the licensee continues to practice. A person 13 whose license is suspended under this section is entitled to a hearing conducted by the 14 office of administrative hearings (AS 44.21.510) not [BOARD NO] later than seven 15 days after the effective date of the order and the person may appeal the suspension 16 after a hearing to a court of competent jurisdiction. 17 * Sec. 19. AS 08.68.275(c) is amended to read: 18 (c) The board may summarily suspend a license before final hearing or during 19 the appeals process if the board finds that the licensee poses a clear and immediate 20 danger to the public health and safety. A person whose license is suspended under this 21 section is entitled to a hearing conducted by the office of administrative hearings 22 (AS 44.21.510) [BOARD] within seven days after the effective date of the order. If, 23 after a hearing, the board upholds the suspension, the licensee may appeal the 24 suspension to a court of competent jurisdiction. 25 * Sec. 20. AS 08.86.204(b) is amended to read: 26 (b) The board may summarily suspend the license of a licensee who refuses to 27 submit to a physical or mental examination under AS 08.86.075. A person whose 28 license is suspended under this subsection is entitled to a hearing conducted by the 29 office of administrative hearings (AS 44.21.510) [BOARD] within seven days after 30 the effective date of the order. If, after the [A] hearing, the board upholds the 31 suspension, the licensee may appeal the suspension to a court of competent
01 jurisdiction. 02 * Sec. 21. AS 08.88.460(b) is amended to read: 03 (b) A copy of a claim filed with the commission under (a) of this section shall 04 be sent to each real estate licensee alleged to have committed the misconduct resulting 05 in losses, to the principal real estate broker employing a licensee alleged to have 06 committed the conduct resulting in losses, and to any other real estate licensee 07 involved in the transaction at least 20 days before any hearing held on the claim by the 08 office of administrative hearings (AS 44.21.510) [COMMISSION]. 09 * Sec. 22. AS 08.88.460(d) is amended to read: 10 (d) A claimant under this section shall pay a filing fee of $250 to the 11 commission at the time the claim is filed. The filing fee shall be refunded if the 12 (1) [THE] commission makes an award to the claimant from the real 13 estate surety fund; 14 (2) [THE] claim is dismissed under (c) of this section; or 15 (3) [THE] claim is withdrawn by the claimant before the office of 16 administrative hearings (AS 44.21.510) [COMMISSION] holds a hearing on the 17 claim. 18 * Sec. 23. AS 08.88.472(c) is amended to read: 19 (c) The commission may contract under AS 36.30 (State Procurement Code) 20 with a person for the person to perform [HEARING AND] legal services for the 21 commission with regard to a claim against the real estate surety fund. The contract 22 may cover one or more claims. 23 * Sec. 24. AS 08.92.040(c) is amended to read: 24 (c) If the department determines that a person is acting as a promoter in 25 violation of this chapter, the department may order the person to stop the violation. 26 Upon receipt of the order, the person affected has the right to be heard and to present 27 proof to the administrative law judge from the office of administrative hearings 28 (AS 44.21.510) [DEPARTMENT] that the violation has not occurred. Upon [IN THE 29 DEPARTMENT'S DISCRETION OR UPON] application made by the recipient of the 30 order, the office of administrative hearings may [DEPARTMENT SHALL] 31 schedule a hearing at the earliest possible time. After the hearing the department may
01 affirm, modify, or set aside the order. 02 * Sec. 25. AS 10.06.633(b) is amended to read: 03 (b) A corporation may not be dissolved under this section unless the 04 commissioner has given the corporation written notice of its delinquency, failure, or 05 noncompliance by mail as provided by (i) of this section. If the corporation fails, 06 within 60 days after the requirements of (i) of this section have been satisfied, to 07 contest the alleged neglect, omission, delinquency, or noncompliance by a written 08 request for a hearing conducted by [BEFORE] the office of administrative hearings 09 (AS 44.21.510) [COMMISSIONER] or fails to correct the asserted neglect, omission, 10 delinquency, or noncompliance, it may be dissolved under (d) of this section. 11 * Sec. 26. AS 10.06.865 is amended to read: 12 Sec. 10.06.865. Cancellation of certificates issued and filings accepted. 13 The commissioner may, within one year after a filing, and after written notice to the 14 corporation or individual making the filing, cancel a certificate issued or filing 15 accepted under this chapter, on any ground existing at the time of issuance or filing for 16 which the commissioner could have originally refused to issue the certificate or accept 17 the filing. The notice of cancellation must state the reason for the cancellation. A 18 corporation or individual may request a hearing conducted by [BEFORE] the office 19 of administrative hearings (AS 44.21.510) [COMMISSIONER] within 90 days after 20 receipt of the notice. Cancellation becomes final if the corporation or individual does 21 not request a hearing within 90 days after receipt of notice. Notice of cancellation 22 shall be sent by certified mail with return receipt requested. If the return receipt is not 23 received by the department within a reasonable time and the department has made 24 diligent inquiry as to the address of the corporation, notice may be made by 25 publication in a newspaper of general circulation in the vicinity of the registered office 26 of the corporation or the address of the individual who made the filing, and the 27 cancellation becomes final 60 days after publication of the notice if the person or 28 corporation does not request a hearing. 29 * Sec. 27. AS 10.13.770(b) is amended to read: 30 (b) If the department fails to promptly notify the office of administrative 31 hearings (AS 44.21.510) of the application and the office fails to begin a hearing
01 within 15 business days after the application is filed or within a longer period to which 02 the licensee or subject person consents, the order shall be considered rescinded. 03 * Sec. 28. AS 14.11.016(b) is amended to read: 04 (b) A district may appeal an adverse decision of the department under (a) of 05 this section by filing a written notice of appeal with the commissioner within 15 days 06 after the date of the department's decision. The notice of appeal must state the legal 07 and factual basis for the appeal and the precise relief sought. The failure of the district 08 to include an issue in a notice of appeal constitutes a waiver of the right to have the 09 issue considered. Not later than 10 days after receipt by the commissioner of a notice 10 of appeal, the chief administrative law judge of the office of administrative 11 hearings (AS 44.21.510) [COMMISSIONER] shall appoint an administrative law 12 judge [A HEARING OFFICER] who is qualified under AS 44.62.350(c) to consider 13 the appeal. If the administrative law judge [HEARING OFFICER] finds that the 14 notice of appeal does not raise a reasonable issue of fact or law, the administrative 15 law judge [HEARING OFFICER] shall issue a written decision denying the appeal. 16 Denial of an appeal by an administrative law judge [A HEARING OFFICER] is a 17 final decision that may be appealed under (d) of this section. If the administrative 18 law judge [HEARING OFFICER] finds that the notice of appeal raises a reasonable 19 issue of fact or law, the administrative law judge [HEARING OFFICER] shall 20 conduct a hearing on those issues and recommend a decision to the board. The 21 administrative law judge [HEARING OFFICER] shall issue a decision on the appeal 22 not later than 60 days after being appointed. The board shall consider the 23 recommended decision of the administrative law judge [HEARING OFFICER] at its 24 next regularly scheduled meeting and may adopt all, part, or none of the recommended 25 decision or may remand the issue to the administrative law judge [HEARING 26 OFFICER] for further hearings. The board shall issue its decision in writing within 10 27 days after consideration of the administrative law judge's [HEARING OFFICER'S] 28 decision. 29 * Sec. 29. AS 14.18.090(a) is amended to read: 30 (a) The board shall enforce compliance by school districts and regional 31 educational attendance areas with the provisions of this chapter and the regulations
01 and procedures adopted under it by appropriate order made in accordance with 02 AS 44.62. After a hearing conducted by the office of administrative hearings 03 (AS 44.21.510) and a finding by the board that a district or a regional educational 04 attendance area is not in compliance with this chapter and is not actively working to 05 come into compliance, the board shall institute appropriate proceedings to abate the 06 practices found by the board to be a violation of this chapter. 07 * Sec. 30. AS 14.30.193(b) is amended to read: 08 (b) If a due process hearing is requested by either a school district or a parent, 09 the school district shall contact the office of administrative hearings (AS 44.21.510) 10 [DEPARTMENT] to request appointment of an administrative law judge [A 11 HEARING OFFICER]. The chief administrative law judge [DEPARTMENT] shall 12 select an administrative law judge [A HEARING OFFICER] through a random 13 selection process, from a list maintained by the office [DEPARTMENT] under (g) of 14 this section. Within five working days after receipt of the request, the chief 15 administrative law judge [DEPARTMENT] shall provide to the school district and 16 the parent a notice of appointment, including the name and a statement of 17 qualifications, of the administrative law judge who [HEARING OFFICER THAT 18 THE DEPARTMENT DETERMINES] is available to conduct the hearing. 19 * Sec. 31. AS 14.30.193(c) is amended to read: 20 (c) The school district and the parent each have the right to reject, without 21 stating a reason, one administrative law judge [HEARING OFFICER] appointed 22 under this section. The rejecting party shall notify the office of administrative 23 hearings [DEPARTMENT] of that rejection in writing within five days after receipt 24 of the [DEPARTMENT'S] notice of appointment. If an administrative law judge [A 25 HEARING OFFICER] is rejected under this subsection, the chief administrative law 26 judge [DEPARTMENT] shall, within five working days after receipt of the written 27 rejection, provide a notice of appointment, including the name and a statement of 28 qualifications, of another administrative law judge who [HEARING OFFICER 29 THAT THE DEPARTMENT DETERMINES] is available to conduct the hearing. 30 Each appointment is subject to a right of rejection under this subsection by a party 31 who has not previously rejected an appointment.
01 * Sec. 32. AS 14.30.193(g) is amended to read: 02 (g) The department [SHALL MAINTAIN A LIST OF QUALIFIED 03 HEARING OFFICERS AND] shall provide for training [QUALIFICATION] of 04 administrative law judges in the office of administrative hearings [HEARING 05 OFFICERS THROUGH A TRAINING PROGRAM THAT IS OPEN TO ALL 06 INDIVIDUALS WHO MEET THE CRITERIA SET BY THE DEPARTMENT BY 07 REGULATION. THE LIST OF QUALIFIED HEARING OFFICERS SHALL BE 08 MAINTAINED AS A PUBLIC RECORD]. 09 * Sec. 33. AS 14.48.130(b) is amended to read: 10 (b) The commission shall investigate the complaint and may attempt to effect 11 a settlement by persuasion and conciliation. A [THE COMMISSION MAY 12 CONSIDER A] complaint may be considered after 30 days' [DAYS] written notice 13 by registered mail to the institution or agent, or both, giving notice of a time and place 14 for hearing on the complaint. The hearing shall be conducted in accordance with 15 AS 44.62 (Administrative Procedure Act) by the office of administrative hearings 16 (AS 44.21.510). 17 * Sec. 34. AS 18.18.030(b) is amended to read: 18 (b) The department may, without a hearing, summarily suspend a license of a 19 hospice program if it finds that the actions or deficiencies of the program have caused, 20 or present an immediate threat of causing, serious injury to a hospice program client. 21 A licensee is entitled to a hearing conducted by the office of administrative 22 hearings (AS 44.21.510) [BEFORE THE DEPARTMENT] to appeal the summary 23 suspension within seven days after the order of suspension is issued. A licensee may 24 appeal an adverse decision of the department on an appeal of a summary suspension to 25 the superior court. A summary suspension remains in effect until the department finds 26 that the actions or deficiencies are corrected, the license is revoked, or the licensee is 27 successful in appealing the suspension. 28 * Sec. 35. AS 18.18.030(c) is amended to read: 29 (c) The department may, without a hearing, reduce a hospice license to a 30 provisional license for a period of time established by the department if the department 31 finds that the licensee is temporarily unable to comply with 18.18.005 - 18.18.390 or
01 is in the process of becoming decertified under the Medicare program but is taking 02 appropriate steps to bring the program into compliance with 18.18.005 - 18.18.390 or 03 Medicare certification requirements. A licensee is entitled to a hearing conducted by 04 the office of administrative hearings [BEFORE THE DEPARTMENT] to appeal a 05 reduction to a provisional license under this subsection within seven days after the 06 order to reduce the license is issued. A licensee may appeal an adverse decision of the 07 department on an appeal of the order reducing the license to a provisional license to 08 the superior court. A program with a provisional license under this subsection may 09 not accept new clients. If the program fails to correct its deficiencies and does not 10 successfully appeal the order reducing the license to provisional status within the 11 period stipulated in the provisional license, the department shall revoke the license. 12 * Sec. 36. AS 18.60.093(f) is amended to read: 13 (f) If an employer fails without good cause to appear at a hearing held under 14 this section after receiving proper notice of the hearing, the OSHA Review Board may 15 order the employer to pay all reasonable expenses incurred by the board or the office 16 of administrative hearings (AS 44.21.510) for the hearing, including the board's 17 actual travel expenses and per diem and actual travel expenses and per diem for the 18 administrative law judge. 19 * Sec. 37. AS 18.67.040(a) is amended to read: 20 (a) Upon application made under the provisions of this chapter, the board shall 21 consider the application and rule on it. The board may, upon its own motion, order a 22 hearing, specifying the time and place it is to be held after consulting with the office 23 of administrative hearings (AS 44.21.510). If [; IF] a hearing is ordered, the board 24 shall give notice to the applicant. If, after consideration without a hearing, the 25 decision is unfavorable to the applicant, in whole or in part, the board shall furnish the 26 applicant a written statement of the reason for the ruling. If, within 30 days after 27 receipt of this statement, the applicant requests a hearing on the application, the board 28 shall specify a time and place for a hearing after consulting with the office of 29 administrative hearings, and shall give notice to the applicant. If a request for a 30 hearing is not made within the specified time, the decision of the board is final. 31 * Sec. 38. AS 18.67.040(b) is amended to read:
01 (b) For the purpose of carrying out the provisions of this chapter, the office of 02 administrative hearings (AS 44.21.510) shall [BOARD OR ITS HEARING 03 OFFICER MAY] hold the hearings, sit and act at the times and places, and take the 04 testimony that the administrative law judge [BOARD OR THE HEARING 05 OFFICER] considers advisable. The administrative law judge [BOARD OR ITS 06 HEARING OFFICER] may administer oaths or affirmations to witnesses. The 07 administrative law judge [BOARD] has full powers of subpoena and compulsion of 08 attendance of witnesses and production of documents, but a subpoena may not be 09 issued except under the signature of a member of the board. Application to a court for 10 aid in enforcing the subpoena may be made in the name of the board only by a board 11 member. Subpoenas are served by any person designated by the administrative law 12 judge or the board. 13 * Sec. 39. AS 18.67.040(c) is amended to read: 14 (c) The applicant and any other person having a substantial interest in a 15 proceeding may appear and be heard, produce evidence, and cross-examine witnesses 16 in person or by an attorney. The administrative law judge [BOARD OR ITS 17 HEARING OFFICER] also may hear other persons who, in the judgment of the 18 administrative law judge, [BOARD OR THE HEARING OFFICER] may have 19 relevant evidence to submit. 20 * Sec. 40. AS 18.80.060(c) is amended to read: 21 (c) A commissioner or an employee authorized by the commission may 22 administer oaths, certify to all official acts, and issue subpoenas, subpoenas duces 23 tecum, and other process to compel the attendance of witnesses and the production of 24 testimony, records, papers, accounts, and documents in any inquiry or [,] investigation 25 [, HEARING, OR PROCEEDING] before the commission in the state. The 26 administrative law judge of the office of administrative hearings (AS 44.21.510) 27 may administer oaths, certify to all official acts, and issue subpoenas, subpoenas 28 duces tecum, and other process to compel the attendance of witnesses and the 29 production of testimony, records, papers, accounts, and documents in any 30 hearing held under this chapter. The commission, a commissioner, or an employee 31 authorized by the commission may petition a court of this state to enforce its
01 subpoenas, subpoenas duces tecum, and other process. The administrative law 02 judge may petition a court of this state to enforce subpoenas, subpoenas duces 03 tecum, and other process issued by the administrative law judge. 04 * Sec. 41. AS 18.80.120 is amended to read: 05 Sec. 18.80.120. Hearing. If the informal efforts to eliminate the alleged 06 discrimination are unsuccessful, the executive director shall inform the commission of 07 the failure, and the commission shall provide the respondent and the complainant with 08 notice of the failure and shall serve written notice, together with a copy of the 09 complaint, requiring the person, employer, labor organization, or employment agency 10 charged in the complaint to answer the allegations of the complaint at a hearing 11 [BEFORE THE COMMISSION]. The hearing shall be held by the office of 12 administrative hearings (AS 44.21.510) [COMMISSION] at the location of the 13 [COMMISSION] office unless a party requests a change of venue for good cause 14 shown, and the office [COMMISSION] grants the request. The case in support of the 15 complaint shall be presented before the office [COMMISSION] by the executive 16 director of the commission or a designee who shall be a bona fide resident of the 17 state. The person charged in the complaint may file a written answer to the complaint 18 and may appear at the hearing in person or otherwise, with or without counsel, and 19 submit testimony. The executive director has the power reasonably and fairly to 20 amend the complaint, and the person charged has the power reasonably and fairly to 21 amend the answer. The office of administrative hearings [COMMISSION] is not 22 bound by the strict rules of evidence prevailing in courts of law or equity. The 23 testimony taken at the hearing shall be under oath and shall be recorded. 24 * Sec. 42. AS 18.80.145(b) is amended to read: 25 (b) If, within the period allowed, [THE COMMISSION CONDUCTS] a 26 hearing is conducted and [REACHES] a decision is reached under AS 18.80.120 and 27 18.80.130, the decision of the commission is binding on the parties to the court action 28 as to all issues resolved in the hearing but not as to any issues not resolved in the 29 hearing. 30 * Sec. 43. AS 18.80.145(c) is amended to read: 31 (c) When proceedings in the superior court are deferred for a hearing and
01 decision [BY THE COMMISSION] under this section, the plaintiff may proceed, after 02 the decision of the commission, as an aggrieved party for the purpose of obtaining 03 judicial review under AS 18.80.135, whether or not the person was a party to, or 04 complainant in, the administrative [COMMISSION] proceedings. 05 * Sec. 44. AS 21.06.170(a) is amended to read: 06 (a) With respect to the subject of an examination or [,] investigation [, OR 07 HEARING] being conducted by the director or an examiner, if general written 08 authority has been given the examiner by the director, the director or the examiner 09 may subpoena witnesses and administer oaths or affirmations and examine any person 10 under oath, and may compel the production of records, books, papers, contracts, and 11 other documents by attachments, if necessary. If, in connection with an examination 12 of an insurer, the director desires to examine an officer, director, or manager who is 13 then outside this state, the director is authorized to conduct and to enforce by 14 appropriate and available means an examination under oath in another state or a 15 territory of the United States in which the officer, director, or manager may then 16 presently be, to the full extent permitted by the laws of the other state or territory, this 17 special authorization considered. An administrative law judge from the office of 18 administrative hearings (AS 44.21.510) conducting a hearing under this title may, 19 in the course of the hearing, exercise the powers granted to the director under 20 this subsection. 21 * Sec. 45. AS 21.06.170(d) is amended to read: 22 (d) If a person disobeys or resists a lawful order of the administrative law 23 judge [DIRECTOR], refuses to respond to a subpoena, refuses to take oath or 24 affirmation as a witness, refuses to be examined, or is guilty of misconduct at a 25 hearing or so near the hearing as to obstruct the proceeding, the administrative law 26 judge [DIRECTOR] shall certify the facts to the superior court where the hearing is 27 held, and, upon certification, the court shall issue an order directing the person to 28 appear before the court and show cause why the person should not be punished for 29 contempt. 30 * Sec. 46. AS 21.06.180(a) is amended to read: 31 (a) The office of administrative hearings (AS 44.21.510) [DIRECTOR] may
01 hold hearings for any purpose within the scope of this title considered to be necessary 02 by the director. 03 * Sec. 47. AS 21.06.180(b) is amended to read: 04 (b) The office of administrative hearings (AS 44.21.510) [DIRECTOR] shall 05 hold a hearing if required by a provision of this title, or upon written demand to the 06 director by a person aggrieved by an act, threatened act, or failure of the director to 07 act, or by a report, regulation, or order of the director (other than an order for the 08 holding of a hearing, or an order on hearing or under it). A demand must specify the 09 grounds to be relied upon at the hearing as a basis for the relief. Unless postponed by 10 mutual consent or for good cause shown, the hearing shall be held within 30 days after 11 receipt by the director of the written demand. 12 * Sec. 48. AS 21.06.200 is amended to read: 13 Sec. 21.06.200. Notice of hearing. Not less than 20 days in advance, the 14 administrative law judge [DIRECTOR] shall give notice of the time and place of the 15 hearing, stating the matters to be considered at the hearing. If the persons to be given 16 notice are not specified in the provision under which the hearing is held, the 17 administrative law judge, with assistance from the director, shall give notice to all 18 persons whose pecuniary interests are to be directly and immediately affected by the 19 hearing. 20 * Sec. 49. AS 21.06.210(a) is amended to read: 21 (a) The administrative law judge [DIRECTOR] shall allow a party to the 22 hearing to appear in person and by counsel, to be present during the giving of all 23 evidence, to have a reasonable opportunity to inspect all documentary evidence and to 24 examine witnesses, to present evidence in support of the party's interest, and to have 25 subpoenas issued by the administrative law judge [DIRECTOR] to compel 26 attendance of witnesses and production of evidence in the party's behalf. 27 * Sec. 50. AS 21.06.210(b) is amended to read: 28 (b) The administrative law judge [DIRECTOR] shall permit to become a 29 party to the hearing by intervention, if timely, any person who was not an original 30 party to the proceeding and whose pecuniary interests are to be directly and 31 immediately affected by the director's order made upon the hearing.
01 * Sec. 51. AS 21.06.210(d) is amended to read: 02 (d) Upon written request seasonably made by a party to the hearing and at that 03 person's expense, the administrative law judge [DIRECTOR] shall cause a full 04 stenographic record of the proceedings to be made by a competent reporter. If 05 transcribed, a copy of the stenographic record shall be furnished to the director, 06 without cost to the director or the state, and shall be a part of the director's record of 07 the hearing. If transcribed, a copy of the stenographic record shall be furnished to any 08 other party to the hearing at the request and expense of the other party. If no 09 stenographic record is made or transcribed, the administrative law judge 10 [DIRECTOR] shall prepare an adequate record of the evidence and of the proceedings. 11 * Sec. 52. AS 21.06.210(f) is amended to read: 12 (f) If the parties agree, the administrative law judge [DIRECTOR] may 13 conduct a hearing under this section by teleconference. 14 * Sec. 53. AS 21.06.210(h) is amended to read: 15 (h) The administrative law judge [DIRECTOR] may close a hearing to the 16 public when the administrative law judge [DIRECTOR] finds the closure is 17 necessary to protect a person against unwarranted injury or is in the public interest. 18 * Sec. 54. AS 21.06.220(a) is amended to read: 19 (a) In conducting the hearing, the administrative law judge [DIRECTOR] 20 shall sit in a quasi-judicial capacity. Within 30 days after termination of the hearing, 21 rehearing, or reargument, the director shall make an order on hearing, covering matters 22 involved in the hearing, rehearing, or reargument, and shall give a copy of the order to 23 the same persons given notice of the hearing. 24 * Sec. 55. AS 24.60.030 is amended by adding a new subsection to read: 25 (i) Except for supplying information requested by the administrative law judge 26 or responding to contacts initiated by the administrative law judge, a legislator or 27 legislative employee may not attempt to influence the outcome of an administrative 28 hearing conducted by the office of administrative hearings (AS 44.21.510) by directly 29 or indirectly contacting or attempting to contact the administrative law judge assigned 30 to the hearing unless the 31 (1) contact is made in the presence of all parties to the hearing or the
01 parties' representatives and the contact is made a part of the record; or 02 (2) fact and substance of the contact is promptly disclosed by the 03 legislator or legislative employee to all parties to the hearing and the contact is made a 04 part of the record. 05 * Sec. 56. AS 25.27.160(b) is amended to read: 06 (b) Except as provided in (c) of this section, the notice and finding of financial 07 responsibility served under (a) of this section must state 08 (1) the sum or periodic payments for which the alleged obligor is 09 found to be responsible under this chapter; 10 (2) the name of the alleged obligee and the obligee's custodian; 11 (3) that the alleged obligor may appear and show cause in a hearing 12 held by the office of administrative hearings (AS 44.21.510) [AGENCY] why the 13 finding is incorrect, should not be finally ordered, and should be modified or 14 rescinded, because 15 (A) no duty of support is owed; or 16 (B) the amount of support found to be owed is incorrect; 17 (4) that, if the person served with the notice and finding of financial 18 responsibility does not request a hearing within 30 days, the property and income of 19 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 20 in the amounts stated in the finding without further notice or hearing. 21 * Sec. 57. AS 25.27.160(c) is amended to read: 22 (c) If the agency is establishing only a medical support order, the notice and 23 finding of financial responsibility must state 24 (1) that health care insurance shall be provided for the child to whom 25 the duty of support is owed if health care insurance is available to the alleged obligor 26 at a reasonable cost and that the alleged obligor and the other parent shall share 27 equally the cost of the health care insurance and the costs of reasonable health care 28 expenses not covered by insurance; 29 (2) the name of the alleged obligee and the obligee's custodian; 30 (3) that the alleged obligor may appear and show cause in a hearing 31 held by the office of administrative hearings [AGENCY] why the finding is
01 incorrect, should not be finally ordered, and should be modified or rescinded, because 02 (A) no duty of support is owed; 03 (B) health care insurance for the child is not available to the 04 alleged obligor at a reasonable cost; 05 (C) adequate health care is available to the child through the 06 Indian Health Service or other insurance coverage; or 07 (D) there is good cause to allocate the costs of health insurance 08 or uninsured health care expenses unequally between the parents; 09 (4) that, if the person served with the notice under this subsection does 10 not request a hearing within 30 days, a copy of the medical support order will be sent 11 to the person's employer under AS 25.27.063(b) without further notice or hearing for 12 inclusion of the child in family health coverage if it is available through the person's 13 employer. 14 * Sec. 58. AS 34.45.400(c) is amended to read: 15 (c) At the formal hearing, the administrative law judge from the office of 16 administrative hearings (AS 44.21.510) [DEPARTMENT] may subpoena witnesses 17 and may administer oaths and make inquiries necessary to determine the validity of 18 the claim. The person aggrieved may present arguments and evidence relevant to the 19 decision or action of the department. If, after the hearing, the department determines 20 that a correction is warranted, the department shall make the correction. 21 * Sec. 59. AS 36.30.015(d) is amended to read: 22 (d) An agency may not contract for the services of legal counsel without the 23 approval of the attorney general. An agency may not contract for the services of a 24 hearing officer or administrative law judge for a administrative, quasi-judicial 25 hearing without the approval of the attorney general and the chief administrative 26 law judge of the office of administrative hearings (AS 44.21.510). 27 * Sec. 60. AS 36.30.615 is amended to read: 28 Sec. 36.30.615. Hearing on protest appeal. A hearing on a protest appeal 29 shall be conducted in accordance with AS 36.30.670 and regulations adopted by the 30 commissioner to the extent the regulations do not conflict with regulations 31 adopted under AS 44.21.560.
01 * Sec. 61. AS 36.30.630(a) is amended to read: 02 (a) Except as provided in (b) of this section, a hearing shall be conducted 03 according to AS 36.30.670 and, to the extent they do not conflict with regulations 04 adopted under AS 44.21.560, regulations adopted by the commissioner of 05 administration on a contract claim appealed to the commissioner of administration or 06 the commissioner of transportation and public facilities or referred to either 07 commissioner under AS 36.30.620(f). 08 * Sec. 62. AS 36.30.635(a) is amended to read: 09 (a) After consultation with the using agency and the attorney general and after 10 a hearing conducted according to AS 36.30.670 and, to the extent they do not 11 conflict with regulations adopted under AS 44.21.560, regulations adopted by the 12 commissioner of administration, the commissioner of administration or the 13 commissioner of transportation and public facilities may debar a person for cause from 14 consideration for award of contracts. Notice of a debarment hearing shall be provided 15 in writing at least seven days before the hearing. The debarment may not be for a 16 period of more than three years. 17 * Sec. 63. AS 36.30.650 is amended to read: 18 Sec. 36.30.650. Hearing on a suspension. (a) A person suspended under 19 AS 36.30.635 is entitled to a hearing conducted according to AS 36.30.670 and, to the 20 extent that they do not conflict with regulations adopted under AS 44.21.560, 21 regulations adopted by the commissioner of administration if the person files a written 22 request for a hearing with the commissioner of administration or the commissioner of 23 transportation and public facilities, as appropriate, within seven days after receipt of 24 the notice of suspension under AS 36.30.645. 25 (b) If a suspended person requests a hearing, the commissioner of 26 administration or the commissioner of transportation and public facilities, as 27 appropriate, after consulting with the office of administrative hearings 28 (AS 44.21.510), shall schedule a prompt hearing unless the attorney general 29 determines that a hearing at the proposed time is likely to jeopardize an investigation. 30 A hearing may not be delayed longer than six months after notice of the suspension is 31 provided under AS 36.30.645.
01 * Sec. 64. AS 36.30.670(a) is amended to read: 02 (a) The chief administrative law judge (AS 44.21.510) [COMMISSIONER 03 OF ADMINISTRATION OR THE COMMISSIONER OF TRANSPORTATION 04 AND PUBLIC FACILITIES] shall assign an administrative law judge [ACT AS A 05 HEARING OFFICER OR APPOINT A HEARING OFFICER] for a hearing 06 conducted under this chapter. The administrative law judge [HEARING OFFICER] 07 shall arrange for a prompt hearing and notify the parties in writing of the time and 08 place of the hearing. The hearing shall be conducted in an informal manner. The 09 provisions of AS 44.62 (Administrative Procedure Act) do not apply to a hearing 10 conducted under this chapter. 11 * Sec. 65. AS 36.30.675(a) is amended to read: 12 (a) The administrative law judge [IF THE COMMISSIONER OF 13 ADMINISTRATION OR THE COMMISSIONER OF TRANSPORTATION AND 14 PUBLIC FACILITIES IS NOT ACTING AS HEARING OFFICER, THE HEARING 15 OFFICER] shall recommend a decision to the commissioner of administration or the 16 commissioner of transportation and public facilities, as appropriate, based on the 17 evidence presented. The recommendation must include findings of fact and 18 conclusions of law. 19 * Sec. 66. AS 39.52.120 is amended by adding a new subsection to read: 20 (e) Except for supplying information requested by the administrative law 21 judge or responding to contacts initiated by the administrative law judge, a public 22 officer may not attempt to influence the outcome of an administrative hearing 23 conducted by the office of administrative hearings (AS 44.21.510) by directly or 24 indirectly contacting or attempting to contact the administrative law judge assigned to 25 the hearing unless the 26 (1) contact is made in the presence of all parties to the hearing or the 27 parties' representatives and the contact is made a part of the record; or 28 (2) fact and substance of the contact is promptly disclosed by the 29 public officer to all parties to the hearing and the contact is made a part of the record. 30 * Sec. 67. AS 39.52.170 is amended by adding a new subsection to read: 31 (d) A public employee who is in a permanent full-time position as a hearing
01 officer or administrative law judge may not accept employment as a hearing officer, 02 administrative law judge, or judicial officer for the federal government, another state, 03 or a Native tribe. 04 * Sec. 68. AS 39.52.350(c) is amended to read: 05 (c) If the subject of the accusation denies that a violation of this chapter has 06 occurred, the attorney general shall refer the matter to the personnel board, which 07 shall notify the chief administrative law judge (AS 44.21.510), who shall appoint 08 an administrative law judge [A HEARING OFFICER] to conduct a hearing. 09 * Sec. 69. AS 43.23.015(g) is amended to read: 10 (g) If an individual is aggrieved by a decision of the department determining 11 the individual's eligibility for a permanent fund dividend or the individual's authority 12 to claim a permanent fund dividend on behalf of another, the individual may, upon 13 payment of a $25 appeal fee, request the department to review its decision. Within 12 14 months after the administrative appeal is filed and after a hearing conducted by the 15 office of administrative hearings (AS 44.21.510), the department shall provide the 16 individual with a final written decision. If the individual is aggrieved by the decision 17 of the department after all administrative proceedings, the individual may appeal that 18 decision to the superior court in accordance with AS 44.62.560. An appeal to the court 19 under this section does not entitle the aggrieved individual to a trial de novo. The 20 appeal shall be based on the record of the administrative proceeding from which 21 appeal is taken and the scope of appeal is limited to matters contained in the record of 22 the administrative proceeding. If, as a result of an administrative proceeding or a court 23 appeal, the individual prevails, the $25 appeal fee shall be returned to the individual 24 by the department. 25 * Sec. 70. AS 43.70.075(m) is amended to read: 26 (m) The department may initiate suspension of a business license endorsement 27 or the right to obtain a business license endorsement under this section by sending the 28 person subject to the suspension a notice by certified mail, return receipt requested, or 29 by delivering the notice to the person. The notice must contain information that 30 informs the person of the grounds for suspension, the length of any suspension sought, 31 and the person's right to administrative review [BEFORE THE DEPARTMENT]. A
01 suspension begins 30 days after receipt of notice described in this subsection unless 02 the person delivers a timely written request for a hearing to the department in the 03 manner provided by regulations of the department. If a hearing is requested under this 04 subsection, an administrative law judge [A HEARING OFFICER] of the office of 05 administrative hearings (AS 44.21.510) [DEPARTMENT] shall determine the issues 06 by using the preponderance of the evidence test and shall, to the extent they do not 07 conflict with regulations adopted under AS 44.21.560, conduct the hearing in the 08 manner provided by regulations of the department. A hearing under this subsection is 09 limited to the following questions: 10 (1) was the person holding the business license endorsement, or an 11 agent or employee of the person while acting within the scope of the agency or 12 employment of the person, convicted by plea or judicial finding of violating 13 AS 11.76.100, 11.76.106, or 11.76.107; 14 (2) if the department does not allege a conviction of AS 11.76.100, 15 11.76.106, or 11.76.107, did the person, or an agent or employee of the person while 16 acting within the scope of the agency or employment of the person, violate a provision 17 of (a) or (g) of this section; 18 (3) within the 24 months before the date of the department's notice 19 under this subsection, was the person, or an agent or employee of the person while 20 acting within the scope of the agency or employment of the person, convicted of 21 violating AS 11.76.100, 11.76.106, or 11.76.107 or adjudicated for violating a 22 provision of (a) or (g) of this section. 23 * Sec. 71. AS 43.70.075(q) is amended to read: 24 (q) The department may adopt regulations that do not conflict with 25 regulations adopted under AS 44.21.510 to establish an administrative hearing 26 process for actions taken [BY THE DEPARTMENT] under this section. AS 44.62 27 (Administrative Procedure Act) does not apply to a hearing under this section. 28 * Sec. 72. AS 44.21.530(a), added by sec. 3 of this Act, is amended to read: 29 (a) The office shall conduct all adjudicative administrative hearings required 30 under the following statutes or under regulations adopted to implement the statutes: 31 (1) AS 04.11.510(b)(1) and (c) (alcoholic beverages license);
01 (2) AS 05.15 (charitable gaming); 02 (3) AS 05.20 (recreational devices); 03 (4) AS 05.90.001 (special racing events); 04 (5) AS 06 (banks and financial institutions); 05 (6) AS 08 (occupational licensing), other than AS 08.08 and 06 AS 08.62.046; 07 (7) AS 10.06 (Alaska Corporations Code); 08 (8) AS 10.13 (Alaska BIDCO Act); 09 (9) AS 10.25.375 (Electric and Telephone Cooperative Act); 10 (10) AS 10.50.408 (limited liability companies); 11 (11) AS 14.11.016 (education-related facility grants); 12 (12) AS 14.18 (discrimination in public education); 13 (13) AS 14.20.030 (teacher certificates); 14 (14) AS 14.30 (educational programs); 15 (15) AS 14.48 (postsecondary educational institutions); 16 (16) AS 17.20 (Alaska Food, Drug, and Cosmetic Act), other than 17 AS 17.20.060 and 17.20.360; 18 (17) AS 18.18.030 (hospice licenses); 19 (18) AS 18.20 (hospitals and nursing facilities), other than 20 AS 18.20.180; 21 (19) AS 18.35.040 (tourist accommodations); 22 (20) AS 18.60 (safety); 23 (21) AS 18.67.040 (Violent Crimes Compensation Board); 24 (22) AS 18.80 (State Commission for Human Rights); 25 (23) AS 21 (insurance); 26 (24) AS 25.27 (child support enforcement); 27 (25) AS 32.06 (Uniform Partnership Act); 28 (26) AS 34.45 (unclaimed property); 29 (27) AS 34.55.024 and 34.55.026 (Uniform Land Sales Practices Act); 30 (28) AS 36.30 (State Procurement Code), other than 31 AS 36.30.627(a)(2);
01 (29) AS 38.05.065 (contracts for sale of state land); 02 (30) AS 39.52 (Alaska Executive Branch Ethics Act); 03 (31) AS 43.23 (permanent fund dividends); 04 (32) AS 43.70 (Alaska Business License Act); 05 (33) AS 44.77 (claims against the state); 06 (34) AS 45.30.040 (mobile homes); 07 (35) AS 45.55 (Alaska Securities Act); 08 (36) AS 45.57 (Takeover Bid Disclosure Act); 09 (37) AS 46 (water, air, energy, and environmental conservation), 10 other than AS 46.03.820, 46.03.850, AS 46.39, and AS 46.40; 11 (38) AS 47.33 (assisted living homes); 12 (39) [(38)] AS 47.35 (child care); 13 (40) [(39)] AS 47.45 (longevity bonuses). 14 * Sec. 73. AS 44.62.350(a) is amended to read: 15 (a) The governor shall assign a qualified, unbiased, and impartial hearing 16 officer, with experience in the general practice of law, to conduct hearings under this 17 chapter that are not conducted by the office of administrative hearings 18 (AS 44.21.510). A [. THE] hearing officer may perform other duties in connection 19 with the administration of this chapter and other laws. 20 * Sec. 74. AS 44.62.450(a) is amended to read: 21 (a) A hearing in a contested case shall be presided over by a hearing officer. 22 Unless the hearing is conducted by the office of administrative hearings 23 (AS 44.21.510), the [THE] agency itself shall determine whether the hearing officer 24 hears the case alone or whether the agency hears the case with the hearing officer. 25 * Sec. 75. AS 44.62.500(b) is amended to read: 26 (b) If a contested case is heard by a hearing officer alone, the hearing officer 27 shall prepare a proposed decision in a form that may be adopted as the decision in the 28 case. A copy of the proposed decision shall be filed by the agency as a public record 29 with the lieutenant governor, and a copy of the proposed decision shall be served by 30 the agency on each party in the case and the party's attorney. Except as otherwise 31 provided in AS 44.21.560(e), for a hearing conducted by the office of
01 administrative hearings, the [THE] agency itself may adopt the proposed decision in 02 its entirety, or may reduce the proposed penalty and adopt the balance of the proposed 03 decision. 04 * Sec. 76. AS 44.62.500(c) is amended to read: 05 (c) If the proposed decision is not adopted as provided in (b) of this section the 06 agency may decide the case upon the record, including the transcript, with or without 07 taking additional evidence, or may refer the case to the same or another hearing officer 08 to take additional evidence. If the case is so assigned the hearing officer shall prepare 09 a proposed decision as provided in (b) of this section upon the additional evidence and 10 the transcript and other papers that are part of the record of the earlier hearing. A copy 11 of the proposed decision shall be furnished to each party and the party's attorney as 12 prescribed by (b) of this section. The agency may not decide a case provided for in 13 this subsection without giving the parties the opportunity to present either oral or 14 written argument before the agency. If additional oral evidence is introduced before 15 the agency, an agency member may not vote unless that member has heard the 16 additional oral evidence. This subsection does not apply to a hearing conducted by 17 the office of administrative hearings. 18 * Sec. 77. AS 44.77.040(a) is amended to read: 19 (a) The Department of Administration, after consulting with the office of 20 administrative hearings (AS 44.21.510), shall fix a time for hearing the appeal and 21 shall notify the claimant and the officer who approved the voucher and give them a 22 reasonable opportunity to be heard. The hearing shall be conducted by the office of 23 administrative hearings. 24 * Sec. 78. AS 45.30.040(c) is amended to read: 25 (c) Whenever it determines that there may be a violation of the provisions of 26 this chapter by a manufacturer or dealer of mobile homes, the department may give 27 notice of hearing, and, within 30 days after giving notice, [HOLD] a hearing shall be 28 held by the office of administrative hearings (AS 44.21.510) to determine whether 29 there has been a violation. After notice and hearing, 30 (1) if the department finds that there has been a violation of the 31 provisions of this chapter, the department may issue an order directing that the person
01 who is violating the provision cure the violation in a reasonable time and in a 02 reasonable manner; 03 (2) if the department determines that violations of the provisions of 04 this chapter are regular and recurring, it may require forfeiture of the bond to the 05 benefit of the state and arrange for distribution of the proceeds of the bond to the 06 mobile home owners injured by the activities of the dealer or manufacturer, or to 07 mobile home dealers injured by the activities of the manufacturer. 08 * Sec. 79. AS 45.55.935 is amended to read: 09 Sec. 45.55.935. Hearings. (a) The administrator shall adopt regulations, 10 consistent with the provisions of this chapter and with regulations adopted under 11 AS 44.21.560, governing administrative hearings conducted by the office of 12 administrative hearings (AS 44.21.510) [ADMINISTRATOR OR A DESIGNEE OF 13 THE ADMINISTRATOR] for the following: 14 (1) orders issued under AS 45.55.120, 45.55.900(d), or 45.55.920; in 15 these instances, the administrator shall promptly send a notice of opportunity for 16 hearing to the issuer of the securities and to all persons who have filed with the 17 department a notice of intention to sell the securities; and 18 (2) orders issued under AS 45.55.060; before the administrator enters 19 an order under AS 45.55.060, the administrator shall send to the person involved a 20 notice of opportunity for hearing; if the person involved is an agent or investment 21 adviser representative, then the administrator shall, in addition, notify the employing 22 broker-dealer, state investment adviser, federal covered adviser, or issuer. 23 (b) In conducting a hearing in accordance with (a) of this section, the 24 administrative law judge [ADMINISTRATOR] may issue a subpoena to compel the 25 attendance of any witness or party and to compel production of evidence. 26 * Sec. 80. AS 45.55.950(e) is amended to read: 27 (e) Every hearing in an administrative proceeding shall be public unless the 28 administrative law judge, [ADMINISTRATOR] in the exercise of discretion, grants 29 a request joined in by all the respondents that the hearing be conducted privately. 30 * Sec. 81. AS 45.57.020(a) is amended to read: 31 (a) An offeror may not make a takeover bid unless at least 20 days before the
01 bid the offeror files with the department and with the registered agent of the offeree 02 company a statement containing all the information required by (c) of this section and 03 either 04 (1) within 10 days following the filing no hearing has been ordered by 05 the department or requested by the offeree company; or 06 (2) a hearing has been ordered within that time and, after [UPON] the 07 hearing conducted by the office of administrative hearings (AS 44.21.510), the 08 department has decided [ADJUDICATED] that the offeror proposed to make fair, 09 full, and effective disclosure to offerees of all information material to a decision to 10 accept or reject the offer. 11 * Sec. 82. AS 45.57.020(b) is amended to read: 12 (b) A hearing shall begin within 20 days of the date of filing of the statement, 13 and adjudication shall be made within 30 days of the filing unless extended by the 14 administrative law judge [DEPARTMENT] for the convenience of the parties or 15 protection of the offerees. 16 * Sec. 83. AS 46.14.410(a) is amended to read: 17 (a) If a municipality or a local air quality district has an approved local air 18 quality control program under AS 46.14.400 and the department determines that the 19 program is being implemented in a manner that fails to meet the terms of the 20 cooperative agreement or is otherwise being inappropriately administered, the 21 department shall give written notice setting out its determination to the municipality or 22 local air quality district. Within 45 days after [GIVING] written notice was given, the 23 office of administrative hearings (AS 44.21.510) [DEPARTMENT] shall conduct a 24 public hearing on the matter. The hearing shall be recorded by any means that ensures 25 an accurate record. 26 * Sec. 84. AS 46.15.065(c) is amended to read: 27 (c) The commissioner shall make investigations as necessary of rights asserted 28 by declarations filed under this section and shall determine each existing appropriation 29 and mail a summary of the determination to each person who has filed a declaration 30 with respect to the specified area or source. Any person adversely affected by a 31 determination may file with the commissioner a request for a hearing within 20 days
01 of the date the notice is mailed. If a hearing is requested, the commissioner shall, 02 after consulting with the office of administrative hearings (AS 44.21.510), send a 03 notice of the time and place of the hearing to each person who has filed a declaration. 04 * Sec. 85. AS 47.45.050 is amended to read: 05 Sec. 47.45.050. Department hearing. The Department of Health and Social 06 Services may arrange with the office of administrative hearings (AS 44.21.510) to 07 hold a [DEPARTMENTAL] hearing upon the request of an applicant or recipient who 08 has been disqualified. Before this hearing the department shall by certified mail notify 09 an applicant or recipient in plain and comprehensive language the exact reason for the 10 disqualification. Form letters using only referral to state statutes or department 11 regulations, or otherwise vague in detail, are not considered compliance by the 12 department with this section. 13 * Sec. 86. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. (a) Sections 1 - 71, 73 - 82, and 85 of this Act apply to 16 administrative proceedings that begin on or after July 1, 2005. 17 (b) Sections 72, 83, and 84 of this Act apply to administrative proceedings that begin 18 on or after July 1, 2007. 19 * Sec. 87. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 REGULATIONS. The chief administrative law judge and any agency affected by this 22 Act may proceed to adopt regulations to implement this Act. A regulation adopted under this 23 section takes effect under AS 44.62 (Administrative Procedure Act) but not before the 24 effective date of the law implemented by the regulation. 25 * Sec. 88. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION. (a) Litigation, hearings, investigations, and other proceedings 28 pending under a law amended or repealed by this Act, or in connection with functions 29 transferred by this Act, continue in effect and may be continued and completed, 30 notwithstanding a transfer, amendment, or repeal provided for in this Act. 31 (b) Certificates, orders, and regulations issued or adopted under authority of a law
01 amended or repealed by this Act remain in effect for the term issued, or until revoked, 02 vacated, or otherwise modified under the provisions of this Act. 03 (c) Contracts, rights, liabilities, and obligations created by or under a law amended or 04 repealed on July 1, 2005, by this Act and in effect on July 1, 2005, remain in effect. 05 Contracts, rights, liabilities, and obligations created by or under a law amended or repealed on 06 July 1, 2007, by this Act and in effect on July 1, 2007, remain in effect. 07 (d) Upon the initial appointment of the chief administrative law judge under 08 AS 44.21.510(c), added by sec. 2 of this Act, the chief administrative law judge and the 09 commissioner of administration, the commissioner of community and economic development, 10 the commissioner of revenue, and the governor's office shall identify administrative law 11 judges and support staff to be transferred to the office of administrative hearings on or after 12 January 1, 2005. A state employee who is transferred under this section from another agency 13 to the office of administrative hearings shall continue to be compensated at the same range 14 and step of the salary schedule in AS 39.27.011(a) that the employee was receiving before the 15 transfer, and qualifies for salary increases authorized under AS 39.27.011 and 39.27.022. 16 (e) Procedural regulations of an agency that refers an administrative hearing to the 17 office of administrative hearings shall apply to the hearing until regulations adopted under 18 AS 44.21.560(a), added by sec. 3 of this Act, become effective. 19 * Sec. 89. Sections 1, 2, 87, and 88 of this Act take effect immediately under 20 AS 01.10.070(c). 21 * Sec. 90. Sections 72, 83, and 84 of this Act take effect July 1, 2007. 22 * Sec. 91. Except as provided in secs. 89 and 90 of this Act, this Act takes effect July 1, 23 2005.