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