CSSB 203(STA): "An Act relating to certain administrative hearings; and establishing the office of administrative hearings and relating to that office."
00 CS FOR SENATE BILL NO. 203(STA) 01 "An Act relating to certain administrative hearings; and establishing the office of 02 administrative hearings and relating to that office." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE AND INTENT. The purpose of this Act is to increase the separation 07 between the adjudicatory functions of executive branch agencies and the agencies' 08 investigatory, prosecutory, and policy-making functions. The legislature intends by this Act 09 to 10 (1) provide for the delivery of high quality adjudication services in a timely, 11 efficient, and cost-effective manner; 12 (2) ensure respect for the dignity of the individuals whose cases are being 13 adjudicated; 14 (3) foster open and clearly explained agency decisions and improve public
01 access to the process of administrative adjudication; 02 (4) guarantee protection of all parties' due process rights, increase the public 03 parties' perception of fairness in administrative adjudication, and foster acceptance of final 04 administrative decisions by the public and affected parties; 05 (5) protect the integrity of the process of administrative adjudication and 06 decisional independence of administrative adjudicators; and 07 (6) increase consistency in administrative procedures and decisions. 08 * Sec. 2. AS 44.21 is amended by adding new sections to read: 09 Article 9. Office of Administrative Hearings. 10 Sec. 44.21.510. Office created. (a) There is created in the Department of 11 Administration an independent office of administrative hearings under the direction of 12 the chief administrative hearing officer. 13 (b) The chief administrative hearing officer must 14 (1) be a resident of the state; 15 (2) have experience in administrative law; and 16 (3) be licensed to practice law in this state and have been admitted to 17 practice law in this state for at least five years. 18 (c) The chief administrative hearing officer is appointed to a five-year term of 19 office by the governor. An individual may serve not more than three full or partial 20 terms as chief administrative hearing officer. The governor may remove the chief 21 administrative hearing officer from office only for good cause and shall state in 22 writing the basis for removal. A vacancy in the office of chief administrative hearing 23 officer shall be filled by the governor and the individual appointed serves for the 24 remainder of the term to which appointed. 25 (d) The chief administrative hearing officer shall receive a monthly salary that 26 is not less than Step A nor more than Step F, Range 27, of the salary schedule in 27 AS 39.27.011(a) for Juneau, Alaska. The chief administrative hearing officer is in the 28 partially exempt service. 29 Sec. 44.21.520. Powers and duties of chief administrative hearing officer. 30 The chief administrative hearing officer shall 31 (1) supervise the office;
01 (2) employ administrative staff, who shall be in the classified service; 02 (3) employ hearing officers, who shall be in the partially exempt 03 service; 04 (4) preside over administrative hearings handled by the office or assign 05 hearing officers to preside over hearings and protect, support, and enhance the 06 decisional independence of the hearing officers; 07 (5) establish and implement performance standards and peer review 08 programs for hearing officers employed by the office; 09 (6) make available and facilitate training and continuing education 10 programs and services in administrative procedure, administrative adjudication, 11 substantive law, and technical matters for hearing officers and other administrative 12 adjudicators; 13 (7) survey administrative hearing participants and use other methods to 14 monitor the quality of administrative hearings held by the office and other state 15 agencies, and submit to the governor and the legislature on January 31 of each year a 16 report that includes a description of the activities of the office and recommendations 17 for statutory changes that may be needed in relation to the administrative hearings held 18 by the office or other state agencies; 19 (8) review and comment on regulations proposed by state agencies to 20 govern procedures in administrative hearings; 21 (9) enter into contracts as necessary to carry out the functions of the 22 office; 23 (10) annually prepare and submit to the commissioner of 24 administration a budget for the office for the next fiscal year that shall include and 25 separately identify funding for training and continuing education; a copy of the budget 26 submitted to the commissioner under this paragraph shall also be submitted to the 27 Finance Committee of each house of the legislature; and 28 (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 29 to carry out the duties of the office and implement this chapter. 30 Sec. 44.21.530. Jurisdiction of the office. (a) The office shall conduct all 31 adjudicative administrative hearings required under the following statutes or under
01 regulations adopted to implement the statutes: 02 (1) AS 04.11.510(b)(1) (alcoholic beverages license); 03 (2) AS 05.15 (charitable gaming); 04 (3) AS 05.20 (recreational devices); 05 (4) AS 05.90.001 (special racing events); 06 (5) AS 06 (banks and financial institutions); 07 (6) AS 08 (occupational licensing), other than AS 08.08; 08 (7) AS 10.06 (Alaska Corporations Code); 09 (8) AS 10.13 (Alaska BIDCO Act); 10 (9) AS 10.25.375 (Electric and Telephone Cooperative Act); 11 (10) AS 10.50.408 (limited liability companies); 12 (11) AS 14.11.016 (education-related facility grants); 13 (12) AS 14.18 (discrimination in public education); 14 (13) AS 14.20.030 (teacher certificates); 15 (14) AS 14.25.037 (teachers' retirement); 16 (15) AS 14.30 (educational programs); 17 (16) AS 14.37 (child care facilities); 18 (17) AS 14.48 (postsecondary educational institutions); 19 (18) AS 17.20 (Alaska Food, Drug, and Cosmetic Act); 20 (19) AS 18.07 (certificate of need program); 21 (20) AS 18.18.030 (hospice licenses); 22 (21) AS 18.20 (hospitals and nursing facilities); 23 (22) AS 18.35.040 (tourist accommodations); 24 (23) AS 18.55 (housing and public buildings); 25 (24) AS 18.60 (safety); 26 (25) AS 18.67.040 (Violent Crimes Compensation Board); 27 (26) AS 18.80 (State Commission for Human Rights); 28 (27) AS 21 (insurance); 29 (28) AS 25.27 (child support enforcement); 30 (29) AS 27.21 (Alaska Surface Coal Mining and Reclamation Act); 31 (30) AS 32.05 (Uniform Partnership Act);
01 (31) AS 34.45 (unclaimed property); 02 (32) AS 34.55.024 and 34.55.026 (Uniform Land Sales Practices Act); 03 (33) AS 36.30 (State Procurement Code); 04 (34) AS 38.05.065 (contracts for sale of state land); 05 (35) AS 39.25 (State Personnel Act); 06 (36) AS 39.35 and AS 39.45 (Public Employees Retirement Board); 07 (37) AS 39.52 (Alaska Executive Branch Ethics Act); 08 (38) AS 41.17 (forest resources and practices); 09 (39) AS 41.37.050 (Citizens' Advisory Commission on Federal Areas 10 in Alaska); 11 (40) AS 43.23 (permanent fund dividends); 12 (41) AS 43.56.010 - 43.56.120 (oil and gas exploration, production, 13 and pipeline transportation property taxes); 14 (42) AS 43.70 (Alaska Business License Act); 15 (43) AS 44.77 (claims against the state); 16 (44) AS 45.30.040 (mobile homes); 17 (45) AS 45.55 (Alaska Securities Act); 18 (46) AS 45.57 (Takeover Bid Disclosure Act); 19 (47) AS 46 (water, air, energy, and environmental conservation); 20 (48) AS 47.30.031 (Alaska Mental Health Trust Authority); 21 (49) AS 47.33 (assisted living homes); 22 (50) AS 47.35 (child care); 23 (51) AS 47.45 (longevity bonuses). 24 (b) An agency may request the office to conduct an administrative hearing of 25 that agency or to conduct several administrative hearings. The office may provide the 26 service after entering into a written agreement with the agency describing the services 27 to be provided and providing for reimbursement by the agency to the office of the 28 costs incurred by the office in providing the services. To the extent otherwise 29 permitted by law, the agency may delegate to the hearing officer assigned to conduct 30 the hearing on behalf of the agency the authority to make a final agency decision in 31 the matter.
01 Sec. 44.21.540. Hearing officers. (a) A hearing officer must be admitted to 02 practice law in this state and must have been admitted to practice in this state for at 03 least two years before being employed or retained with the office. The chief 04 administrative hearing officer shall establish additional qualifications for hearing 05 officers employed or retained by the office and for those hearing officers that may be 06 assigned to particular types of cases. Full-time hearing officers employed by the 07 office are subject to the personnel rules adopted under AS 39.25.150(7), (15), and 08 (16). 09 (b) A hearing officer employed or retained by the office may, in conducting an 10 administrative hearing for an agency, exercise the powers authorized by law for 11 exercise by that agency in the performance of its duties in connection with the hearing. 12 A hearing officer may 13 (1) engage in alternative dispute resolution under regulations adopted 14 by the chief administrative hearing officer; 15 (2) order a party, a party's attorney, or another authorized 16 representative of a party to pay reasonable expenses, including attorney fees, incurred 17 by another party as a result of actions done in bad faith or as a result of tactics used 18 frivolously or solely intended to cause unnecessary delay; 19 (3) perform other necessary and appropriate acts in the performance of 20 official duties. 21 (c) A hearing officer employed by the office must devote full time to the 22 duties of the office unless appointed to a position that is less than full-time. A hearing 23 officer employed by the office may not perform duties inconsistent with the duties and 24 responsibilities of a hearing officer. 25 (d) The chief administrative hearing officer may enter into a contract with an 26 individual who meets the qualifications established in (a) of this section to serve as a 27 hearing officer in a particular administrative hearing or in several hearings of the same 28 type. Notwithstanding AS 36.30.015(d), the chief administrative hearing officer may 29 contract for or hire a hearing officer without notifying or securing the approval of the 30 Department of Law. 31 Sec. 44.21.550. Code of hearing officer conduct. (a) The chief
01 administrative hearing officer shall, by regulation, adopt a code of hearing officer 02 conduct. Hearing officers of the office and of each other agency shall comply with the 03 code. 04 (b) Except as provided in (d) of this section, the chief administrative hearing 05 officer shall receive and consider all complaints against hearing officers employed or 06 retained by the office or another agency alleging violations of the code. If the chief 07 administrative hearing officer determines that the conduct alleged, if true, would 08 constitute a violation of the code, the officer shall deliver the complaint to the attorney 09 general. 10 (c) If the attorney general determines that a violation has occurred, the 11 attorney general shall submit written findings to the agency that employed or retained 12 the hearing officer who is the subject of the complaint together with recommendations 13 for corrective or disciplinary action. If the hearing officer is employed or retained by 14 the office, the chief administrative hearing officer shall take appropriate corrective or 15 disciplinary action. 16 (d) The attorney general shall, by regulation, establish procedures to 17 implement (c) of this section, including procedures for investigating and holding 18 hearings on complaints. The attorney general shall receive and consider any 19 complaint filed against the chief administrative hearing officer under this section, and 20 may investigate or hold a hearing on the complaint in compliance with the regulations 21 adopted under this subsection. 22 Sec. 44.21.560. Procedure for hearings. (a) The chief administrative 23 hearing officer shall, by regulation, establish procedures for administrative hearings 24 conducted by the office. Each administrative hearing under the jurisdiction of the 25 office or that has been transferred to the office by an agency shall be conducted in 26 accordance with statutes that apply to that hearing, including, if applicable, the 27 Administrative Procedure Act (AS 44.62). However, to the extent regulations adopted 28 by an agency for the conduct of an administrative hearing conflict with regulations 29 adopted by the chief administrative hearing officer under this subsection, the 30 regulations adopted by the chief administrative hearing officer control. 31 (b) When an agency receives a request for a hearing that will be conducted by
01 the office under AS 44.21.530, the agency shall immediately notify the office. The 02 agency shall compile and transmit to the office the agency file and all materials 03 relevant to the matter. 04 (c) A hearing officer employed or retained by the office shall, within 90 days 05 after the date a case is assigned for hearing, prepare a proposed decision, unless 06 another time period is provided by law or agreed to by the parties and the chief 07 administrative hearing officer. If the proposed decision is not timely issued, the 08 agency decision that is the subject of the hearing is the final agency decision and the 09 party requesting the hearing may appeal from that decision to the superior court or as 10 otherwise provided by law for appeals of final agency decisions. 11 (d) A proposed decision in an administrative hearing shall be in a form that 12 may be adopted as the final decision by the agency with authority to make the final 13 decision. The proposed decision is a public record unless otherwise provided by law. 14 A copy of the proposed decision shall be served by the office on each party in the case 15 and the attorneys representing those parties in the hearing. Notwithstanding 16 AS 44.62.500(b) and except as provided by other statute, the agency with authority to 17 make a final decision in the case shall, within 30 days after the date the proposed 18 decision is served, do one or more of the following: 19 (1) adopt the proposed decision as the final agency decision; 20 (2) return the case to the hearing officer to take additional evidence or 21 make additional findings or for other specific proceedings; 22 (3) exercise its discretion by revising the proposed enforcement action, 23 order, award, remedy, sanction, or penalty, and adopt the proposed decision as revised; 24 (4) in writing reject, modify, or amend a factual finding in the 25 proposed decision by specifying the affected finding and identifying the testimony and 26 other evidence relied on by the agency for the rejection, modification, or amendment 27 of the finding, and issue a final agency decision; 28 (5) in writing reject, modify, or amend an interpretation or application 29 in the proposed decision of a statute or regulation directly governing the agency's 30 actions by specifying the reasons for the rejection, modification, or amendment, and 31 issue a final agency decision.
01 Sec. 44.21.570. Disqualification of hearing officer. (a) The chief 02 administrative hearing officer or a hearing officer employed or retained by the office is 03 disqualified from a case in which the officer cannot accord a fair and impartial hearing 04 or for other reasons established in the code of hearing officer conduct. 05 (b) A party may request the disqualification of the chief administrative hearing 06 officer or a hearing officer by filing an affidavit, before the taking of evidence at a 07 hearing, stating with particularity the grounds upon which it is claimed that a fair and 08 impartial hearing cannot be accorded by that officer. Notwithstanding 09 AS 44.62.450(c), upon receipt of the affidavit, the hearing officer assigned to the 10 administrative hearing shall make a determination. If the affiant objects to the 11 decision, the matter shall be decided by the chief administrative hearing officer, whose 12 decision is final, or if the hearing is assigned to the chief administrative hearing 13 officer, by the attorney general, whose decision is final. 14 Sec. 44.21.580. Agency cooperation. (a) All agencies shall cooperate with 15 the chief administrative hearing officer and with other hearing officers of the office in 16 the matters involving the duties of the office. 17 (b) Except as provided under AS 44.21.570 or by regulation adopted under 18 this chapter, an agency may not select or reject a particular hearing officer for 19 assignment to an administrative hearing. 20 (c) After an administrative hearing is referred by an agency to the office for 21 hearing, the agency may not take further adjudicatory action with respect to the 22 proceeding, except as a party litigant or to render a final decision as provided by law. 23 Sec. 44.21.590. Administrative hearing records. (a) The office shall 24 acquire, organize, and make available to the public records relating to administrative 25 hearings of the office and of other agencies. The records must include information, 26 materials, and data bases used in the conduct of hearings, and the proposed and final 27 agency decisions. All court decisions resulting from appeals from final agency 28 decisions shall also be collected and included in the records. The office shall make 29 final agency decisions available on line through an electronic data base. 30 (b) This section does not apply to records that are confidential or privileged. 31 Sec. 44.21.599. Definitions. In AS 44.21.510 - 44.21.599,
01 (1) "administrative hearing" means a contested case before an agency 02 in which 03 (A) the matter is heard by a hearing officer who does not 04 represent or have authority to make decisions for the agency in its capacity as a 05 party to the proceedings; 06 (B) the parties may present testimony and evidence not 07 previously considered by the agency; and 08 (C) the hearing officer has authority to make factual findings, 09 legal rulings, and issue a proposed or final agency decision; an administrative 10 hearing does not include a public non-adjudicative hearing; 11 (2) "agency" means an agency of the executive branch of state 12 government, including an officer, division, or other subunit of an agency, a public 13 corporation, and the University of Alaska; 14 (3) "hearing officer" means an individual who presides over the 15 conduct of an administrative hearing and who is retained or employed by an agency 16 for that purpose; 17 (4) "office" means the office of administrative hearings established in 18 AS 44.21.510. 19 * Sec. 3. AS 04.11.510(b) is amended to read: 20 (b) The board may review an application for the issuance, renewal, transfer of 21 location, or transfer to another person of a license without affording the applicant 22 notice or hearing, except 23 (1) if an application is denied, the notice of denial shall be furnished 24 the applicant immediately in writing stating the reason for the denial in clear and 25 concise language; the notice of denial must inform the applicant that the applicant is 26 entitled to an informal conference with either the director or the board, and that, if not 27 satisfied by the informal conference, the applicant is then entitled to a formal hearing 28 conducted before a hearing officer from the office of administrative hearings 29 (AS 44.21.510) [THE BOARD]; if the applicant requests a formal hearing, the office 30 of administrative hearings [BOARD] shall adhere to AS 44.62.330 - 44.62.630 31 (Administrative Procedure Act); all interested persons may be heard at the hearing and
01 unless waived by the applicant and the board, the formal hearing shall be held in the 02 area for which the application is requested; 03 (2) the board may, on its own initiative or in response to an objection 04 or protest, hold a hearing to ascertain the reaction of the public or a local governing 05 body to an application if a hearing is not required under this subsection; the board 06 shall send notice of a hearing conducted under this paragraph 20 days in advance of 07 the hearing to each community council established within the municipality and to each 08 nonprofit community organization entitled to notification under AS 04.11.310(b); 09 (3) if a petition containing the signatures of 35 percent of the adult 10 residents having a permanent place of abode outside of but within two miles of an 11 incorporated city or an established village is filed with the board, the board shall hold 12 a public hearing on the question of whether the issuance, renewal, or transfer of the 13 license in the city or village would be in the public interest; 14 (4) if a protest to the issuance, renewal, transfer of location or transfer 15 to another person of a license made by a local governing body is based on a question 16 of law, the board shall hold a public hearing. 17 * Sec. 4. AS 05.20.080 is amended to read: 18 Sec. 05.20.080. Application of Administrative Procedure Act. The 19 procedure for review of the orders or actions of the department, its agents or 20 employees, is the same as that contained in AS 44.62 (Administrative Procedure Act). 21 Administrative hearings on contested cases shall be conducted by the office of 22 administrative hearings (AS 44.21.510). 23 * Sec. 5. AS 05.90.001(b) is amended to read: 24 (b) The Department of Public Safety, with the concurrence of the Department 25 of Transportation and Public Facilities, may grant, and for cause cancel, permission to 26 conduct a special racing event as provided in this section upon terms and conditions 27 and at times and places the department may determine. If an applicant's permission is 28 refused or cancelled, the applicant may request the Department of Public Safety for a 29 hearing. The hearing shall be conducted under the provisions of AS 44.62 [THE] 30 (Administrative Procedure Act) by the office of administrative hearings 31 (AS 44.21.510) [(AS 44.62)].
01 * Sec. 6. AS 06.01.030(f) is amended to read: 02 (f) Hearings required or authorized under this title are not subject to 03 AS 44.62.330 - 44.62.630, except as required by AS 44.62.560 and 44.62.570. The 04 department shall adopt regulations, consistent with the provisions of this title, 05 establishing procedures for hearings held under this section. Administrative 06 hearings on contested cases shall be conducted by the office of administrative 07 hearings (AS 44.21.510). 08 * Sec. 7. AS 08.01.075(c) is amended to read: 09 (c) A board may summarily suspend a licensee from the practice of the 10 profession before a final hearing is held or during an appeal if the board finds that the 11 licensee poses a clear and immediate danger to the public health and safety. A person 12 is entitled to a hearing conducted by the office of administrative hearings 13 (AS 44.21.510) [BEFORE THE BOARD] to appeal the summary suspension within 14 seven days after the order of suspension is issued. A person may appeal an adverse 15 decision of the board on an appeal of a summary suspension to a court of competent 16 jurisdiction. 17 * Sec. 8. AS 08.01.087(b) is amended to read: 18 (b) If it appears to the commissioner that a person has engaged in or is about 19 to engage in an act or practice in violation of a provision of this chapter or a regulation 20 adopted under it, or a provision of AS 43.70, or a provision of this title or regulation 21 adopted under this title dealing with an occupation or board listed in AS 08.01.010, the 22 commissioner may, if the commissioner considers it in the public interest, and after 23 notification of a proposed order or action by telephone, telegraph, or facsimile to all 24 board members, if a board regulates the act or practice involved, unless a majority of 25 the members of the board object within 10 days, 26 (1) issue an order directing the person to stop the act or practice; 27 however, reasonable notice of and an opportunity for a hearing must first be given to 28 the person, except that the commissioner may issue a temporary order before a hearing 29 is held; a temporary order remains in effect until a final order affirming, modifying, or 30 reversing the temporary order is issued or until 15 days after the person receives the 31 notice and has not requested a hearing by that time; a temporary order becomes final if
01 the person to whom the notice is addressed does not request a hearing within 15 days 02 after receiving the notice; if the hearing involves AS 08.08 or a regulation adopted 03 under that chapter, the commissioner or the commissioner's designee shall be the 04 hearing officer at the hearing and shall issue a final order within 10 days after the 05 hearing; otherwise the hearing shall be conducted by the office of administrative 06 hearings (AS 44.21.510); 07 (2) bring an action in the superior court to enjoin the acts or practices 08 and to enforce compliance with this chapter, a regulation adopted under it, an order 09 issued under it, or with a provision of this title or regulation adopted under this title 10 dealing with business licenses or an occupation or board listed in AS 08.01.010; 11 (3) examine or have examined the books and records of a person 12 whose business activities require a business license or licensure by a board listed in 13 AS 08.01.010, or whose occupation is listed in AS 08.01.010; the commissioner may 14 require the person to pay the reasonable costs of the examination; and 15 (4) issue subpoenas for the attendance of witnesses, and the production 16 of books, records, and other documents. 17 * Sec. 9. AS 08.11.090(c) is amended to read: 18 (c) The department may summarily suspend a license before final hearing or 19 during the appeals process if the department finds that the licensee poses a clear and 20 immediate danger to the public welfare and safety if the licensee continues to practice. 21 An individual whose license is suspended under this subsection is entitled to a hearing 22 conducted by the office of administrative hearings (AS 44.21.510) not 23 [DEPARTMENT NO] later than seven days after the effective date of the order. The 24 individual may appeal the suspension after the hearing to the superior court. 25 * Sec. 10. AS 08.32.171(c) is amended to read: 26 (c) The board may summarily suspend the license of a licensee who refuses to 27 submit to a physical or mental examination under AS 08.36.070(b)(1). A person 28 whose license is suspended under this section 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 a hearing, the board upholds the suspension, 31 the licensee may appeal the suspension to a court of competent jurisdiction.
01 * Sec. 11. AS 08.36.320(c) is amended to read: 02 (c) The board may summarily suspend the license of a licensee who refuses to 03 submit to a physical or mental examination under AS 08.36.070(b)(1). A person 04 whose license is suspended under this section is entitled to a hearing conducted by the 05 office of administrative hearings (AS 44.21.510) [BOARD] within seven days after 06 the effective date of the order. If, after a hearing, the board upholds the suspension, 07 the licensee may appeal the suspension to a court of competent jurisdiction. 08 * Sec. 12. AS 08.40.170(f) is amended to read: 09 (f) The department may summarily suspend a license before a final hearing is 10 held or during an appeal if the department finds that the licensee poses a clear and 11 immediate danger to the public health and safety. A person is entitled to a hearing 12 conducted by [BEFORE] the office of administrative hearings (AS 44.21.510) 13 [DEPARTMENT] to appeal the summary suspension within seven days after the order 14 of suspension is issued. A person may appeal an adverse decision of the department 15 on an appeal of a summary suspension to a court of competent jurisdiction. 16 * Sec. 13. AS 08.40.320(f) is amended to read: 17 (f) The department may summarily suspend a license before a final hearing is 18 held or during an appeal if the department finds that the licensee poses a clear and 19 immediate danger to the public health and safety. A person is entitled to a hearing 20 conducted by [BEFORE] the office of administrative hearings (AS 44.21.510) 21 [DEPARTMENT] to appeal the summary suspension within seven days after the order 22 of suspension is issued. A person may appeal an adverse decision of the department 23 on an appeal of a summary suspension to a court of competent jurisdiction. 24 * Sec. 14. AS 08.45.070(c) is amended to read: 25 (c) The division may summarily suspend a license before final hearing or 26 during the appeals process if the division finds that the licensee poses a clear and 27 immediate danger to the public health and safety if the licensee continues to practice. 28 A licensee whose license is suspended under this section is entitled to a hearing 29 conducted by the office of administrative hearings (AS 44.21.510) not [DIVISION 30 NO] later than seven days after the effective date of the order. The licensee may 31 appeal the suspension after a hearing to a court of competent jurisdiction.
01 * Sec. 15. AS 08.54.710(i) is amended to read: 02 (i) The department may summarily suspend a licensee from practice of the 03 profession under this chapter, for a period of not more than 30 days, before a final 04 hearing is held or during an appeal if the department finds that the licensee poses a 05 clear and immediate danger to the public health and safety. A person is entitled to a 06 hearing conducted by [BEFORE] the office of administrative hearings 07 (AS 44.21.510) [DEPARTMENT] to appeal the summary suspension within seven 08 days after the order of suspension is issued. A person may appeal an adverse decision 09 of the department on an appeal of summary suspension to a court of competent 10 jurisdiction. 11 * Sec. 16. AS 08.55.140(c) is amended to read: 12 (c) The department may summarily suspend a license before final hearing or 13 during the appeals process if the department finds that the licensee poses a clear and 14 immediate danger to the public welfare and safety if the licensee continues to practice. 15 A person whose license is suspended under this subsection is entitled to a hearing 16 conducted by the office of administrative hearings (AS 44.21.510) not 17 [DEPARTMENT NO] later than seven days after the effective date of the order. The 18 person may appeal the suspension after the hearing to the superior court. 19 * Sec. 17. AS 08.62.046(c) is amended to read: 20 (c) The master, owner, operator, or agent of the master, owner, or operator, of 21 a vessel required to employ a pilot under this chapter may object to the proposed rate 22 for a specific pilotage service by filing a written notice of objection, containing the 23 grounds for the objection and relevant evidence demonstrating that the rate is not 24 reasonable, with the board within 60 days after the final date of publication of the 25 proposed rate in a newspaper of general circulation. The pilot organization that 26 proposed the rate has until 15 days after the close of the period for filing objections to 27 the proposed rate to provide its written response to the notice of objection and relevant 28 evidence demonstrating that the rate is reasonable. If the pilot organization does not 29 respond to the notice of objection by the close of the 15-day period for response to the 30 objection, the board may not take action on the proposed rate and the proposed rate 31 does not take effect. If the pilot organization does respond to the notice of objection
01 before the close of the response period, the board shall request that the office of 02 administrative hearings (AS 44.21.510) hold a hearing to determine whether the 03 proposed rate is reasonable. If, after the hearing, the board finds that the proposed 04 rate is reasonable, the rate is approved and takes effect retroactive to January 1 of the 05 calendar year in which the rate would have taken effect under (b) of this section if no 06 objection had been filed. If the board finds that the proposed rate is not reasonable, 07 the proposed rate is disapproved and does not take effect. In determining what 08 constitutes a reasonable rate, the board shall consider the following factors: 09 (1) current and historical rates charged for comparable pilotage 10 services; 11 (2) the actual time aboard the vessel, time engaged in preparing to 12 provide the pilotage services, seasonal and weather conditions, and risks; 13 (3) the reasonable expenses incurred in providing the pilotage services 14 such as dispatch, transportation, overhead, and other associated expenses; 15 (4) the financial effect of pilotage expenses on the owner of the vessel, 16 except that this factor shall only be considered if the owner provides all financial 17 information that the board determines is necessary to determine the financial effect; 18 (5) the number of vessels and volume of pilotage services at issue in 19 the dispute and the number of members of the pilot organization; 20 (6) the effect of the determination on the income of affected pilots 21 relative to prior years, taking into account changes in vessel tonnage and vessel traffic 22 in the pilotage region from year-to-year; 23 (7) prior determinations under this subsection; and 24 (8) other factors the board considers relevant. 25 * Sec. 18. AS 08.64.331(c) is amended to read: 26 (c) The board may summarily suspend a license before final hearing or during 27 the appeals process if the board finds that the licensee poses a clear and immediate 28 danger to the public health and safety if the licensee continues to practice. A person 29 whose license is suspended under this section is entitled to a hearing conducted by the 30 office of administrative hearings (AS 44.21.510) not [BOARD NO] later than seven 31 days after the effective date of the order and the person may appeal the suspension
01 after a hearing to a court of competent jurisdiction. 02 * Sec. 19. AS 08.65.120(c) is amended to read: 03 (c) The board may summarily suspend a license before final hearing or during 04 the appeals process if the board finds that the licensee poses a clear and immediate 05 danger to the public health and safety if the licensee continues to practice. A person 06 whose license is suspended under this section is entitled to a hearing conducted by the 07 office of administrative hearings (AS 44.21.510) not [BOARD NO] later than seven 08 days after the effective date of the order and the person may appeal the suspension 09 after a hearing to a court of competent jurisdiction. 10 * Sec. 20. AS 08.68.275(c) is amended to read: 11 (c) The board may summarily suspend a license before final hearing or during 12 the appeals process if the board finds that the licensee poses a clear and immediate 13 danger to the public health and safety. A person whose license is suspended under this 14 section is entitled to a hearing conducted by the office of administrative hearings 15 (AS 44.21.510) [BOARD] within seven days after the effective date of the order. If, 16 after a hearing, the board upholds the suspension, the licensee may appeal the 17 suspension to a court of competent jurisdiction. 18 * Sec. 21. AS 08.86.204(b) is amended to read: 19 (b) The board may summarily suspend the license of a licensee who refuses to 20 submit to a physical or mental examination under AS 08.86.075. A person whose 21 license is suspended under this subsection is entitled to a hearing conducted by the 22 office of administrative hearings (AS 44.21.510) [BOARD] within seven days after 23 the effective date of the order. If, after the [A] hearing, the board upholds the 24 suspension, the licensee may appeal the suspension to a court of competent 25 jurisdiction. 26 * Sec. 22. AS 08.88.037(b) is amended to read: 27 (b) If it appears to the department that a person has engaged in or is about to 28 engage in an act or practice in violation of a provision of this chapter or a regulation 29 adopted under it and that action is warranted in the public interest, the department 30 shall notify all commission members by telephone, telegraph, or facsimile of a 31 proposed order or action, and, if a majority of the members of the commission
01 approve, the department may 02 (1) after reasonable notice of and an opportunity for a hearing is given 03 to the person, issue an order directing the person to stop the act or practice; the 04 department may issue a temporary order before a hearing is held; a temporary order 05 remains in effect until a final order affirming, modifying, or reversing the temporary 06 order is issued or until 15 days have elapsed after the person receives the notice and 07 has not requested a hearing; a temporary order becomes final if the person to whom 08 the notice is addressed does not request a hearing within 15 days after receiving the 09 notice; if a hearing is requested, a hearing shall be conducted by a hearing officer 10 from the office of administrative hearings (AS 44.21.510) within 30 days; the 11 commission shall issue a final order within 10 days after the hearing; 12 (2) bring an action in superior court to enjoin the act or practice and to 13 enforce compliance with this chapter, a regulation adopted under it, or an order issued 14 under it; 15 (3) examine or have examined the books and records of a person 16 whose business activities require licensure under this chapter and the department may 17 require the person to pay the reasonable costs of the examination; and 18 (4) issue subpoenas for the attendance of witnesses, and the production 19 of books, records, and other documents. 20 * Sec. 23. AS 08.88.460(b) is amended to read: 21 (b) A copy of a claim filed with the commission under (a) of this section shall 22 be sent to each real estate licensee alleged to have committed the misconduct resulting 23 in losses, to the principal real estate broker employing a licensee alleged to have 24 committed the conduct resulting in losses, and to any other real estate licensee 25 involved in the transaction at least 20 days before any hearing held on the claim by the 26 office of administrative hearings (AS 44.21.510) [COMMISSION]. 27 * Sec. 24. AS 08.88.460(d) is amended to read: 28 (d) A claimant under this section shall pay a filing fee of $250 to the 29 commission at the time the claim is filed. The filing fee shall be refunded if the 30 (1) [THE] commission makes an award to the claimant from the real 31 estate surety fund;
01 (2) [THE] claim is dismissed under (c) of this section; or 02 (3) [THE] claim is withdrawn by the claimant before the office of 03 administrative hearings (AS 44.21.510) [COMMISSION] holds a hearing on the 04 claim. 05 * Sec. 25. AS 08.88.472(c) is amended to read: 06 (c) The commission may contract under AS 36.30 (State Procurement Code) 07 with a person for the person to perform [HEARING AND] legal services for the 08 commission with regard to a claim against the real estate surety fund filed in court. 09 The contract may cover one or more claims. 10 * Sec. 26. AS 08.92.040(c) is amended to read: 11 (c) If the department determines that a person is acting as a promoter in 12 violation of this chapter, the department may order the person to stop the violation. 13 Upon receipt of the order, the person affected has the right to be heard and to present 14 proof to the hearing officer from the office of administrative hearings 15 (AS 44.21.510) [DEPARTMENT] that the violation has not occurred. Upon [IN THE 16 DEPARTMENT'S DISCRETION OR UPON] application made by the recipient of the 17 order, the office of administrative hearings may [DEPARTMENT SHALL] 18 schedule a hearing at the earliest possible time. After the hearing the department may 19 affirm, modify, or set aside the order. 20 * Sec. 27. AS 10.06.633(b) is amended to read: 21 (b) A corporation may not be dissolved under this section unless the 22 commissioner has given the corporation written notice of its delinquency, failure, or 23 noncompliance by mail as provided by (i) of this section. If the corporation fails, 24 within 60 days after the requirements of (i) of this section have been satisfied, to 25 contest the alleged neglect, omission, delinquency, or noncompliance by a written 26 request for a hearing conducted by [BEFORE] the office of administrative hearings 27 (AS 44.21.510) [COMMISSIONER] or fails to correct the asserted neglect, omission, 28 delinquency, or noncompliance, it may be dissolved under (d) of this section. 29 * Sec. 28. AS 10.06.865 is amended to read: 30 Sec. 10.06.865. Cancellation of certificates issued and filings accepted. 31 The commissioner may, within one year after a filing, and after written notice to the
01 corporation or individual making the filing, cancel a certificate issued or filing 02 accepted under this chapter, on any ground existing at the time of issuance or filing for 03 which the commissioner could have originally refused to issue the certificate or accept 04 the filing. The notice of cancellation must state the reason for the cancellation. A 05 corporation or individual may request a hearing conducted by [BEFORE] the office 06 of administrative hearings (AS 44.21.510) [COMMISSIONER] within 90 days after 07 receipt of the notice. Cancellation becomes final if the corporation or individual does 08 not request a hearing within 90 days after receipt of notice. Notice of cancellation 09 shall be sent by certified mail with return receipt requested. If the return receipt is not 10 received by the department within a reasonable time and the department has made 11 diligent inquiry as to the address of the corporation, notice may be made by 12 publication in a newspaper of general circulation in the vicinity of the registered office 13 of the corporation or the address of the individual who made the filing, and the 14 cancellation becomes final 60 days after publication of the notice if the person or 15 corporation does not request a hearing. 16 * Sec. 29. AS 10.13.770(b) is amended to read: 17 (b) If the department fails to promptly notify the office of administrative 18 hearings (AS 44.21.510) of the application and the office fails to begin a hearing 19 within 15 business days after the application is filed or within a longer period to which 20 the licensee or subject person consents, the order shall be considered rescinded. 21 * Sec. 30. AS 10.13.860 is amended by adding a new subsection to read: 22 (b) Administrative hearings under this chapter shall be conducted by the office 23 of administrative hearings (AS 44.21.510). 24 * Sec. 31. AS 10.25.375 is amended to read: 25 Sec. 10.25.375. Cancellation of certificates issued and filings accepted. 26 The commissioner may, within one year after a filing, and after written notice to the 27 cooperative or individual making a filing, cancel a certificate issued or filing accepted 28 under this chapter, on any ground existing at the time notice of cancellation is made 29 for which the commissioner could have originally refused to issue the certificate or 30 accept the filing. The notice of cancellation must state the reason for the proposed 31 cancellation. A cooperative or individual may request a hearing within 90 days after
01 receipt of the notice. The notice of cancellation becomes final if the cooperative or 02 individual does not request a hearing within 90 days after receipt of notice. Notice of 03 cancellation must be sent by certified mail with return receipt requested. If the return 04 receipt is not received by the department within a reasonable time and the department 05 has made diligent inquiry as to the current address of the corporation, notice may be 06 made by publication in a newspaper of general circulation in the vicinity of the 07 registered office of the cooperative or the address of the individual who made the 08 filing, and the cancellation becomes final 60 days after publication of the notice. If a 09 hearing is requested, the hearing shall be conducted by the office of 10 administrative hearings (AS 44.21.510). 11 * Sec. 32. AS 10.50.408(c) is amended to read: 12 (c) If, following a hearing conducted by the office of administrative 13 hearings (AS 44.21.510), the commissioner determines the presence of the 14 delinquency, failure, or misrepresentation providing grounds for involuntary 15 dissolution under this section, the company may appeal to the superior court. The 16 court shall either sustain the commissioner or direct the commissioner to take action 17 the court considers proper. 18 * Sec. 33. AS 14.11.016(b) is amended to read: 19 (b) A district may appeal an adverse decision of the department under (a) of 20 this section by filing a written notice of appeal with the commissioner within 15 days 21 after the date of the department's decision. The notice of appeal must state the legal 22 and factual basis for the appeal and the precise relief sought. The failure of the district 23 to include an issue in a notice of appeal constitutes a waiver of the right to have the 24 issue considered. Not later than 10 days after receipt by the commissioner of a notice 25 of appeal, the chief administrative hearing officer of the office of administrative 26 hearings (AS 44.21.510) [COMMISSIONER] shall appoint a hearing officer who is 27 qualified under AS 44.62.350(c) to consider the appeal. If the hearing officer finds 28 that the notice of appeal does not raise a reasonable issue of fact or law, the hearing 29 officer shall issue a written decision denying the appeal. Denial of an appeal by a 30 hearing officer is a final decision that may be appealed under (d) of this section. If the 31 hearing officer finds that the notice of appeal raises a reasonable issue of fact or law,
01 the hearing officer shall conduct a hearing on those issues and recommend a decision 02 to the board. The hearing officer shall issue a decision on the appeal not later than 60 03 days after being appointed. The board shall consider the recommended decision of the 04 hearing officer at its next regularly scheduled meeting and may adopt all, part, or none 05 of the recommended decision or may remand the issue to the hearing officer for 06 further hearings. The board shall issue its decision in writing within 10 days after 07 consideration of the hearing officer's decision. 08 * Sec. 34. AS 14.18.090(a) is amended to read: 09 (a) The board shall enforce compliance by school districts and regional 10 educational attendance areas with the provisions of this chapter and the regulations 11 and procedures adopted under it by appropriate order made in accordance with 12 AS 44.62. After a hearing conducted by the office of administrative hearings 13 (AS 44.21.510) and a finding by the board that a district or a regional educational 14 attendance area is not in compliance with this chapter and is not actively working to 15 come into compliance, the board shall institute appropriate proceedings to abate the 16 practices found by the board to be a violation of this chapter. 17 * Sec. 35. AS 14.20.040 is amended by adding a new subsection to read: 18 (b) Hearings under AS 14.20.030 shall be conducted by the office of 19 administrative hearings (AS 44.21.510). 20 * Sec. 36. AS 14.25.037(b) is amended to read: 21 (b) In the conduct of a hearing under this chapter, the hearing officer from 22 the office of administrative hearings (AS 44.21.510) [BOARD] may issue 23 subpoenas, administer oaths, compel the attendance and testimony of witnesses, 24 compel the taking of depositions and the submission of affidavits, and compel the 25 production of documents and records. The hearing officer's [BOARD'S] powers 26 under this subsection do not extend to prehearing discovery. However, upon good 27 cause shown, the hearing officer [BOARD] may permit the preservation of witness 28 testimony if the hearing officer [BOARD] cannot successfully compel the witness to 29 attend a hearing. The board may authorize hearing officers to [CONDUCT 30 HEARINGS UNDER THIS CHAPTER AND] issue binding decisions. A binding [; 31 THE] decision of a hearing officer may be appealed to the board. The board shall
01 adopt procedures for appeals from a hearing officer's binding decision. 02 * Sec. 37. AS 14.30.193(b) is amended to read: 03 (b) If a due process hearing is requested by either a school district or a parent, 04 the school district shall contact the office of administrative hearings (AS 44.21.510) 05 [DEPARTMENT] to request appointment of a hearing officer. The chief 06 administrative hearing officer [DEPARTMENT] shall select a hearing officer 07 through a random selection process, from a list maintained by the office 08 [DEPARTMENT] under (g) of this section. Within five working days after receipt of 09 the request, the chief administrative hearing officer [DEPARTMENT] shall provide 10 to the school district and the parent a notice of appointment, including the name and a 11 statement of qualifications, of the hearing officer that [THE DEPARTMENT 12 DETERMINES] is available to conduct the hearing. 13 * Sec. 38. AS 14.30.193(c) is amended to read: 14 (c) The school district and the parent each have the right to reject, without 15 stating a reason, one hearing officer appointed under this section. The rejecting party 16 shall notify the office of administrative hearings [DEPARTMENT] of that rejection 17 in writing within five days after receipt of the [DEPARTMENT'S] notice of 18 appointment. If a hearing officer is rejected under this subsection, the chief 19 administrative hearing officer [DEPARTMENT] shall, within five working days 20 after receipt of the written rejection, provide a notice of appointment, including the 21 name and a statement of qualifications, of another hearing officer that [THE 22 DEPARTMENT DETERMINES] is available to conduct the hearing. Each 23 appointment is subject to a right of rejection under this subsection by a party who has 24 not previously rejected an appointment. 25 * Sec. 39. AS 14.30.193(g) is amended to read: 26 (g) The office of administrative hearings [DEPARTMENT] shall maintain a 27 list of qualified hearing officers and shall provide for qualification of hearing officers 28 through a training program that is open to all individuals who meet the criteria set by 29 the office [DEPARTMENT] by regulation. The list of qualified hearing officers shall 30 be maintained as a public record. 31 * Sec. 40. AS 14.37.060(b) is amended to read:
01 (b) A prospective licensee who was denied licensure may appeal the 02 department's decision by requesting a hearing conducted by the office of 03 administrative hearings (AS 44.21.510), on the form provided by the department, 04 within 15 days after receipt of the notice of denial of licensure. 05 * Sec. 41. AS 14.37.130(g) is amended to read: 06 (g) An applicant whose application is denied may appeal the department's 07 decision, on the form provided by the department, by requesting a hearing conducted 08 by the office of administrative hearings (AS 44.21.510) within 15 days after receipt 09 of the notice of denial of application. 10 * Sec. 42. AS 14.37.170(d) is amended to read: 11 (d) A licensee or other person to whom a notice has been provided under (a) 12 or (c) of this section may appeal the department's decision to impose an enforcement 13 action described in (a) or (b)(2) - (8) of this section by filing a written request for a 14 hearing conducted by the office of administrative hearings (AS 44.21.510), on the 15 form provided by the department, within 15 days after receipt of the notice of 16 enforcement action. 17 * Sec. 43. AS 14.48.130(b) is amended to read: 18 (b) The commission shall investigate the complaint and may attempt to effect 19 a settlement by persuasion and conciliation. A [THE COMMISSION MAY 20 CONSIDER A] complaint may be considered after 30 days' [DAYS] written notice 21 by registered mail to the institution or agent, or both, giving notice of a time and place 22 for hearing on the complaint. The hearing shall be conducted in accordance with 23 AS 44.62 (Administrative Procedure Act) by the office of administrative hearings 24 (AS 44.21.510). 25 * Sec. 44. AS 17.20.060 is amended to read: 26 Sec. 17.20.060. Suspension and reinstatement of emergency permit. The 27 commissioner may suspend immediately upon notice a permit issued under 28 AS 17.20.050 if it is found that the conditions of the permit have been violated. The 29 holder of a suspended permit may apply for the reinstatement of the permit, and the 30 commissioner, immediately after prompt hearing conducted by the office of 31 administrative hearings (AS 44.21.510) and an inspection of the establishment, shall
01 reinstate the permit if it is found that adequate measures have been taken to comply 02 with and maintain the conditions of the permit as originally issued or as amended. 03 * Sec. 45. AS 17.20.120 is amended to read: 04 Sec. 17.20.120. Application for sale of new drugs. The application provided 05 for in AS 17.20.110 is effective on the 60th day after the filing of it. If the 06 commissioner finds, after notice to the applicant and providing an opportunity for a 07 hearing conducted by the office of administrative hearings (AS 44.21.510), that the 08 drug is not safe for use under the conditions prescribed, recommended, or suggested in 09 the proposed labeling, the commissioner shall, before the effective date of the 10 application, issue an order refusing to permit the application to become effective. An 11 order refusing an application to become effective may be revoked by the 12 commissioner. 13 * Sec. 46. AS 17.20.360 is amended to read: 14 Sec. 17.20.360. Attorney general to prosecute; hearing before report of 15 criminal violation. The attorney general, to whom the commissioner of 16 environmental conservation or the commissioner of health and social services, as the 17 case may be, reports a violation of this chapter, shall institute appropriate proceedings 18 in the superior court without delay and prosecute them in the manner required by law. 19 Before a violation of this chapter is reported to the attorney general, the person against 20 whom the proceeding is contemplated shall be given appropriate notice and an 21 opportunity to respond to the appropriate commissioner in a hearing conducted by 22 the office of administrative hearings (AS 44.21.510), orally or in writing, in person 23 or by attorney, with regard to the contemplated proceeding. 24 * Sec. 47. AS 18.07.071 is amended by adding a new subsection to read: 25 (d) A hearing under this section shall be conducted by the office of 26 administrative hearings (AS 44.21.510). 27 * Sec. 48. AS 18.07.081(a) is amended to read: 28 (a) The department, a member of the public who is substantially affected by 29 activities authorized by the certificate, or another applicant for a certificate of need 30 may initiate a hearing to obtain modification, suspension, or revocation of an existing 31 certificate of need by filing an accusation with the commissioner as prescribed under
01 AS 44.62.360. A revocation, modification, or suspension of an outstanding certificate 02 may not be undertaken unless it is in accordance with AS 44.62.330 - 44.62.630. A 03 hearing under this subsection shall be conducted by the office of administrative 04 hearings (AS 44.21.510). 05 * Sec. 49. AS 18.18.030(b) is amended to read: 06 (b) The department may, without a hearing, summarily suspend a license of a 07 hospice program if it finds that the actions or deficiencies of the program have caused, 08 or present an immediate threat of causing, serious injury to a hospice program client. 09 A licensee is entitled to a hearing conducted by the office of administrative 10 hearings (AS 44.21.510) [BEFORE THE DEPARTMENT] to appeal the summary 11 suspension within seven days after the order of suspension is issued. A licensee may 12 appeal an adverse decision of the department on an appeal of a summary suspension to 13 the superior court. A summary suspension remains in effect until the department finds 14 that the actions or deficiencies are corrected, the license is revoked, or the licensee is 15 successful in appealing the suspension. 16 * Sec. 50. AS 18.18.030(c) is amended to read: 17 (c) The department may, without a hearing, reduce a hospice license to a 18 provisional license for a period of time established by the department if the department 19 finds that the licensee is temporarily unable to comply with 18.18.005 - 18.18.390 or 20 is in the process of becoming decertified under the Medicare program but is taking 21 appropriate steps to bring the program into compliance with 18.18.005 - 18.18.390 or 22 Medicare certification requirements. A licensee is entitled to a hearing conducted by 23 the office of administrative hearings [BEFORE THE DEPARTMENT] to appeal a 24 reduction to a provisional license under this subsection within seven days after the 25 order to reduce the license is issued. A licensee may appeal an adverse decision of the 26 department on an appeal of the order reducing the license to a provisional license to 27 the superior court. A program with a provisional license under this subsection may 28 not accept new clients. If the program fails to correct its deficiencies and does not 29 successfully appeal the order reducing the license to provisional status within the 30 period stipulated in the provisional license, the department shall revoke the license. 31 * Sec. 51. AS 18.20.180 is amended to read:
01 Sec. 18.20.180. Approval of applications. The commissioner of the 02 department shall give every applicant an opportunity for a fair hearing conducted by 03 the office of administrative hearings (AS 44.21.510). If, after giving reasonable 04 opportunity for development and presentation of applications in the order of relative 05 need, the commissioner of the department finds that a project application complies 06 with the requirements of AS 18.20.170 and conforms with the state plan, the 07 commissioner shall approve and recommend the application and forward it to the 08 surgeon general. 09 * Sec. 52. AS 18.20.330(a) is amended to read: 10 (a) Notwithstanding AS 44.62.330 - 44.62.630, the department, by regulation, 11 shall establish a hearing procedure by which a nursing facility may present evidence to 12 refute a deficiency found by the department, and by which it may appeal a sanction 13 imposed by order of the department under AS 18.20.310. A request for a hearing shall 14 be made in writing within 10 days after service of the department's order on the 15 nursing facility. Except for an order that takes effect immediately under 16 AS 18.20.310(b)(1), a request under this subsection has the effect of staying the 17 department's order until the hearing is concluded and the department makes a final 18 determination. The hearing shall be conducted by the office of administrative 19 hearings (AS 44.21.510). 20 * Sec. 53. AS 18.55.790 is amended to read: 21 Sec. 18.55.790. Pleadings and hearing. The complaint must contain a notice 22 of a hearing conducted by the office of administrative hearings (AS 44.21.510) 23 [BEFORE THE CORPORATION OR DESIGNATED AGENT] and the time and 24 place fixed for the hearing. The hearing shall be not less than 10 days nor more than 25 30 days after the service of the complaint. The complaint must state that the parties in 26 interest may file an answer to the complaint, appear, and give testimony at the place 27 and time fixed in the complaint. 28 * Sec. 54. AS 18.60.093(f) is amended to read: 29 (f) If an employer fails without good cause to appear at a hearing held under 30 this section after receiving proper notice of the hearing, the OSHA Review Board may 31 order the employer to pay all reasonable expenses incurred by the board or the office
01 of administrative hearings (AS 44.21.510) for the hearing, including the board's 02 actual travel expenses and per diem and actual travel expenses and per diem for the 03 hearing officer. 04 * Sec. 55. AS 18.67.040(a) is amended to read: 05 (a) Upon application made under the provisions of this chapter, the board shall 06 consider the application and rule on it. The board may, upon its own motion, order a 07 hearing, specifying the time and place it is to be held after consulting with the office 08 of administrative hearings (AS 44.21.510). If [; IF] a hearing is ordered, the board 09 shall give notice to the applicant. If, after consideration without a hearing, the 10 decision is unfavorable to the applicant, in whole or in part, the board shall furnish the 11 applicant a written statement of the reason for the ruling. If, within 30 days after 12 receipt of this statement, the applicant requests a hearing on the application, the board 13 shall specify a time and place for a hearing after consulting with the office of 14 administrative hearings, and shall give notice to the applicant. If a request for a 15 hearing is not made within the specified time, the decision of the board is final. 16 * Sec. 56. AS 18.67.040(b) is amended to read: 17 (b) For the purpose of carrying out the provisions of this chapter, the office of 18 administrative hearings (AS 44.21.510) shall [BOARD OR ITS HEARING 19 OFFICER MAY] hold the hearings, sit and act at the times and places, and take the 20 testimony that the [BOARD OR THE] hearing officer considers advisable. The 21 [BOARD OR ITS] hearing officer may administer oaths or affirmations to witnesses. 22 The hearing officer [BOARD] has full powers of subpoena and compulsion of 23 attendance of witnesses and production of documents, but a subpoena may not be 24 issued except under the signature of a member of the board. Application to a court for 25 aid in enforcing the subpoena may be made in the name of the board only by a board 26 member. Subpoenas are served by any person designated by the hearing officer or 27 the board. 28 * Sec. 57. AS 18.67.040(c) is amended to read: 29 (c) The applicant and any other person having a substantial interest in a 30 proceeding may appear and be heard, produce evidence, and cross-examine witnesses 31 in person or by an attorney. The [BOARD OR ITS] hearing officer also may hear
01 other persons who, in the judgment of the [BOARD OR THE] hearing officer, may 02 have relevant evidence to submit. 03 * Sec. 58. AS 18.80.060(c) is amended to read: 04 (c) A commissioner or an employee authorized by the commission may 05 administer oaths, certify to all official acts, and issue subpoenas, subpoenas duces 06 tecum, and other process to compel the attendance of witnesses and the production of 07 testimony, records, papers, accounts, and documents in any inquiry or [,] investigation 08 [, HEARING, OR PROCEEDING] before the commission in the state. The hearing 09 officer of the office of administrative hearings (AS 44.21.510) may administer 10 oaths, certify to all official acts, and issue subpoenas, subpoenas duces tecum, and 11 other process to compel the attendance of witnesses and the production of 12 testimony, records, papers, accounts, and documents in any hearing held under 13 this chapter. The commission, a commissioner, or an employee authorized by the 14 commission may petition a court of this state to enforce its subpoenas, subpoenas 15 duces tecum, and other process. The hearing officer may petition a court of this 16 state to enforce subpoenas, subpoenas duces tecum, and other process issued by 17 the hearing officer. 18 * Sec. 59. AS 18.80.120 is amended to read: 19 Sec. 18.80.120. Hearing. If the informal efforts to eliminate the alleged 20 discrimination are unsuccessful, the executive director shall inform the commission of 21 the failure, and the commission shall provide the respondent and the complainant with 22 notice of the failure and shall serve written notice, together with a copy of the 23 complaint, requiring the person, employer, labor organization, or employment agency 24 charged in the complaint to answer the allegations of the complaint at a hearing 25 [BEFORE THE COMMISSION]. The hearing shall be held by the office of 26 administrative hearings (AS 44.21.510) [COMMISSION] at the location of the 27 [COMMISSION] office unless a party requests a change of venue for good cause 28 shown, and the office [COMMISSION] grants the request. The case in support of the 29 complaint shall be presented before the office [COMMISSION] by the executive 30 director of the commission or a designee who shall be a bona fide resident of the 31 state. The person charged in the complaint may file a written answer to the complaint
01 and may appear at the hearing in person or otherwise, with or without counsel, and 02 submit testimony. The executive director has the power reasonably and fairly to 03 amend the complaint, and the person charged has the power reasonably and fairly to 04 amend the answer. The office of administrative hearings [COMMISSION] is not 05 bound by the strict rules of evidence prevailing in courts of law or equity. The 06 testimony taken at the hearing shall be under oath and shall be recorded. 07 * Sec. 60. AS 18.80.145(b) is amended to read: 08 (b) If, within the period allowed, [THE COMMISSION CONDUCTS] a 09 hearing is conducted and [REACHES] a decision is reached under AS 18.80.120 and 10 18.80.130, the decision of the commission is binding on the parties to the court action 11 as to all issues resolved in the hearing but not as to any issues not resolved in the 12 hearing. 13 * Sec. 61. AS 18.80.145(c) is amended to read: 14 (c) When proceedings in the superior court are deferred for a hearing and 15 decision [BY THE COMMISSION] under this section, the plaintiff may proceed, after 16 the decision of the commission, as an aggrieved party for the purpose of obtaining 17 judicial review under AS 18.80.135, whether or not the person was a party to, or 18 complainant in, the administrative [COMMISSION] proceedings. 19 * Sec. 62. AS 21.06.170(a) is amended to read: 20 (a) With respect to the subject of an examination or [,] investigation [, OR 21 HEARING] being conducted by the director or an examiner, if general written 22 authority has been given the examiner by the director, the director or the examiner 23 may subpoena witnesses and administer oaths or affirmations and examine any person 24 under oath, and may compel the production of records, books, papers, contracts, and 25 other documents by attachments, if necessary. If, in connection with an examination 26 of an insurer, the director desires to examine an officer, director, or manager who is 27 then outside this state, the director is authorized to conduct and to enforce by 28 appropriate and available means an examination under oath in another state or a 29 territory of the United States in which the officer, director, or manager may then 30 presently be, to the full extent permitted by the laws of the other state or territory, this 31 special authorization considered. A hearing officer from the office of
01 administrative hearings (AS 44.21.510) conducting a hearing under this title may, 02 in the course of the hearing, exercise the powers granted to the director under 03 this subsection. 04 * Sec. 63. AS 21.06.170(d) is amended to read: 05 (d) If a person disobeys or resists a lawful order of the hearing officer 06 [DIRECTOR], refuses to respond to a subpoena, refuses to take oath or affirmation as 07 a witness, refuses to be examined, or is guilty of misconduct at a hearing or so near the 08 hearing as to obstruct the proceeding, the hearing officer [DIRECTOR] shall certify 09 the facts to the superior court where the hearing is held, and, upon certification, the 10 court shall issue an order directing the person to appear before the court and show 11 cause why the person should not be punished for contempt. 12 * Sec. 64. AS 21.06.180(a) is amended to read: 13 (a) The office of administrative hearings (AS 44.21.510) [DIRECTOR] may 14 hold hearings for any purpose within the scope of this title considered to be necessary 15 by the director. 16 * Sec. 65. AS 21.06.180(b) is amended to read: 17 (b) The office of administrative hearings (AS 44.21.510) [DIRECTOR] shall 18 hold a hearing if required by a provision of this title, or upon written demand to the 19 director by a person aggrieved by an act, threatened act, or failure of the director to 20 act, or by a report, regulation, or order of the director (other than an order for the 21 holding of a hearing, or an order on hearing or under it). A demand must specify the 22 grounds to be relied upon at the hearing as a basis for the relief. Unless postponed by 23 mutual consent or for good cause shown, the hearing shall be held within 30 days after 24 receipt by the director of the written demand. 25 * Sec. 66. AS 21.06.200 is amended to read: 26 Sec. 21.06.200. Notice of hearing. Not less than 20 days in advance, the 27 hearing officer [DIRECTOR] shall give notice of the time and place of the hearing, 28 stating the matters to be considered at the hearing. If the persons to be given notice are 29 not specified in the provision under which the hearing is held, the hearing officer, 30 with assistance from the director, shall give notice to all persons whose pecuniary 31 interests are to be directly and immediately affected by the hearing.
01 * Sec. 67. AS 21.06.210(a) is amended to read: 02 (a) The hearing officer [DIRECTOR] shall allow a party to the hearing to 03 appear in person and by counsel, to be present during the giving of all evidence, to 04 have a reasonable opportunity to inspect all documentary evidence and to examine 05 witnesses, to present evidence in support of the party's interest, and to have subpoenas 06 issued by the hearing officer [DIRECTOR] to compel attendance of witnesses and 07 production of evidence in the party's behalf. 08 * Sec. 68. AS 21.06.210(b) is amended to read: 09 (b) The hearing officer [DIRECTOR] shall permit to become a party to the 10 hearing by intervention, if timely, any person who was not an original party to the 11 proceeding and whose pecuniary interests are to be directly and immediately affected 12 by the director's order made upon the hearing. 13 * Sec. 69. AS 21.06.210(d) is amended to read: 14 (d) Upon written request seasonably made by a party to the hearing and at that 15 person's expense, the hearing officer [DIRECTOR] shall cause a full stenographic 16 record of the proceedings to be made by a competent reporter. If transcribed, a copy 17 of the stenographic record shall be furnished to the director, without cost to the 18 director or the state, and shall be a part of the director's record of the hearing. If 19 transcribed, a copy of the stenographic record shall be furnished to any other party to 20 the hearing at the request and expense of the other party. If no stenographic record is 21 made or transcribed, the hearing officer [DIRECTOR] shall prepare an adequate 22 record of the evidence and of the proceedings. 23 * Sec. 70. AS 21.06.210(f) is amended to read: 24 (f) If the parties agree, the hearing officer [DIRECTOR] may conduct a 25 hearing under this section by teleconference. 26 * Sec. 71. AS 21.06.210(h) is amended to read: 27 (h) The hearing officer [DIRECTOR] may close a hearing to the public when 28 the hearing officer [DIRECTOR] finds the closure is necessary to protect a person 29 against unwarranted injury or is in the public interest. 30 * Sec. 72. AS 21.06.220(a) is amended to read: 31 (a) In conducting the hearing, the hearing officer [DIRECTOR] shall sit in a
01 quasi-judicial capacity. Within 30 days after termination of the hearing, rehearing, or 02 reargument, the director shall make an order on hearing, covering matters involved in 03 the hearing, rehearing, or reargument, and shall give a copy of the order to the same 04 persons given notice of the hearing. 05 * Sec. 73. AS 24.60.030 is amended by adding a new subsection to read: 06 (i) Except for supplying information requested by the hearing officer or 07 responding to contacts initiated by the hearing officer, a legislator or legislative 08 employee may not attempt to influence the outcome of an administrative hearing 09 conducted by the office of administrative hearings (AS 44.21.510) by directly or 10 indirectly contacting or attempting to contact the hearing officer assigned to the 11 hearing unless the 12 (1) contact is made in the presence of all parties to the hearing or the 13 parties' representatives and the contact is made a part of the record; or 14 (2) fact and substance of the contact is promptly disclosed by the 15 legislator or legislative employee to all parties to the hearing and the contact is made a 16 part of the record. 17 * Sec. 74. AS 25.27.150(e) is amended to read: 18 (e) The hearing officer from the office of administrative hearings 19 (AS 44.21.510) [CONFERENCE OFFICER] shall inform the obligor of the informal 20 conference decision either at the informal conference hearing or within 15 days after 21 the hearing. 22 * Sec. 75. AS 25.27.150(f) is amended to read: 23 (f) If the hearing [CONFERENCE] officer determines that withholding will 24 continue, the obligor may request a formal hearing as provided in the department's 25 regulations. 26 * Sec. 76. AS 25.27.160(b) is amended to read: 27 (b) Except as provided in (c) of this section, the notice and finding of financial 28 responsibility served under (a) of this section must state 29 (1) the sum or periodic payments for which the alleged obligor is 30 found to be responsible under this chapter; 31 (2) the name of the alleged obligee and the obligee's custodian;
01 (3) that the alleged obligor may appear and show cause in a hearing 02 held by the office of administrative hearings (AS 44.21.510) [AGENCY] why the 03 finding is incorrect, should not be finally ordered, and should be modified or 04 rescinded, because 05 (A) no duty of support is owed; or 06 (B) the amount of support found to be owed is incorrect; 07 (4) that, if the person served with the notice and finding of financial 08 responsibility does not request a hearing within 30 days, the property and income of 09 the person will be subject to execution under AS 25.27.062 and 25.27.230 - 25.27.270 10 in the amounts stated in the finding without further notice or hearing. 11 * Sec. 77. AS 25.27.160(c) is amended to read: 12 (c) If the agency is establishing only a medical support order, the notice and 13 finding of financial responsibility must state 14 (1) that health care insurance shall be provided for the child to whom 15 the duty of support is owed if health care insurance is available to the alleged obligor 16 at a reasonable cost and that the alleged obligor and the other parent shall share 17 equally the cost of the health care insurance and the costs of reasonable health care 18 expenses not covered by insurance; 19 (2) the name of the alleged obligee and the obligee's custodian; 20 (3) that the alleged obligor may appear and show cause in a hearing 21 held by the office of administrative hearings [AGENCY] why the finding is 22 incorrect, should not be finally ordered, and should be modified or rescinded, because 23 (A) no duty of support is owed; 24 (B) health care insurance for the child is not available to the 25 alleged obligor at a reasonable cost; 26 (C) adequate health care is available to the child through the 27 Indian Health Service or other insurance coverage; or 28 (D) there is good cause to allocate the costs of health insurance 29 or uninsured health care expenses unequally between the parents; 30 (4) that, if the person served with the notice under this subsection does 31 not request a hearing within 30 days, a copy of the medical support order will be sent
01 to the person's employer under AS 25.27.063(b) without further notice or hearing for 02 inclusion of the child in family health coverage if it is available through the person's 03 employer. 04 * Sec. 78. AS 27.21.150(a) is amended to read: 05 (a) Within 30 days after an applicant is notified under AS 27.21.140(c) of the 06 commissioner's decision concerning the application, the applicant or a person who is 07 or may be adversely affected by the decision may request a hearing to review the 08 reasons for the decision. The office of administrative hearings (AS 44.21.510) 09 [COMMISSIONER] shall hold the hearing within 30 days after the request, and the 10 commissioner, after consulting with the office, shall notify the interested parties of 11 the hearing at the time the applicant is notified. AS 44.62 (Administrative Procedure 12 Act) applies to a hearing under this section except as provided by regulations adopted 13 under this chapter and under AS 44.21.560. 14 * Sec. 79. AS 27.21.150(c) is amended to read: 15 (c) The hearing officer from the office of administrative hearings who is 16 [PERSON] presiding at the hearing may administer oaths, subpoena witnesses, 17 subpoena written or printed materials, compel the attendance of witnesses or the 18 production of materials, and take evidence including [BUT NOT LIMITED TO] 19 evidence derived from site inspections of the land that will be affected by the permit or 20 revision and other surface coal mining operations conducted by the applicant in the 21 general vicinity of the operation proposed in the application. On the motion of a party 22 or by order of the commissioner, a verbatim record of a hearing required by this 23 chapter shall be made and a transcript made available. 24 * Sec. 80. AS 27.21.170(g) is amended to read: 25 (g) A person with a valid legal interest that might be adversely affected by 26 release of a bond or deposit under this section or a federal, state, or municipal agency 27 that has jurisdiction over an environmental, social, or economic impact involved in the 28 permittee's operation or that has authority to develop and enforce environmental 29 standards with respect to the permittee's operation, may, within 30 days after the last 30 publication of notice required by (a) of this section, file written objections to the 31 request with the commissioner and may request a hearing. A permittee whose request
01 for release of all or part of a bond or deposit is disapproved may request a hearing 02 within 30 days after receipt of written notification of the disapproval under (e) of this 03 section. If a hearing is requested, the commissioner shall, after consulting the office 04 of administrative hearings (AS 44.21.510), inform the interested parties of the time 05 and place of the hearing, and the office of administrative hearings shall hold the 06 hearing within 30 days after the request for the hearing. The commissioner shall 07 publish the date, time, and location of the hearing in a newspaper of general 08 circulation in the locality for two consecutive weeks. The office of administrative 09 hearings [COMMISSIONER] shall conduct the public hearing and any appeal 10 according to the AS 44.62 (Administrative Procedure Act) except as provided by 11 regulations adopted under this chapter or under AS 44.21.560. 12 * Sec. 81. AS 27.21.190(b) is amended to read: 13 (b) The commissioner may not approve an application for revision of a permit 14 unless the commissioner finds that reclamation required by this chapter and the 15 regulations adopted under it can be accomplished under the necessary revisions to the 16 reclamation plan. The commissioner shall establish guidelines for determining the 17 extent of revision for which all permit application requirements and procedures, 18 including notice and hearing, shall apply. A revision that, in the commissioner's 19 determination, requires significant revisions to the applicant's reclamation plan must, 20 at a minimum, be subject to a notice and hearing requirement, with the hearing to be 21 held by the office of administrative hearings (AS 44.21.510). 22 * Sec. 82. AS 27.21.240(c) is amended to read: 23 (c) A person who is or may be adversely affected by a notice of violation or 24 cessation order issued under (a) or (b) of this section, or by a modification, vacation, 25 or termination of the notice or order, may apply to the commissioner for review of the 26 notice or order within 60 days after receipt of the notice or order by the operator or 27 permittee or within 60 days after the modification, vacation, or termination of the 28 notice or order. On receipt of the application, the commissioner shall provide for an 29 investigation and an investigation report, as the commissioner considers appropriate. 30 At the request of the applicant or another person who is or may be adversely affected, 31 the commissioner shall provide for a public hearing to enable the applicant to present
01 information relating to the notice or order or the modification, vacation, or termination 02 of the notice or order. The filing of an application for review under this subsection 03 may not operate as a stay of the order or notice. The commissioner, after consulting 04 with the office of administrative hearings (AS 44.21.510), shall give the applicant 05 and other interested persons written notice of the time and place of the hearing at least 06 five days before the hearing. AS 44.62 ( [THE] Administrative Procedure Act 07 [(AS 44.62]) applies to a hearing under this subsection except as provided by 08 regulations adopted under this chapter or under AS 44.21.560. 09 * Sec. 83. AS 27.21.240(e) is amended to read: 10 (e) An applicant for review under (c) of this section may file with the 11 commissioner a written request for temporary relief from a notice or order issued 12 under (a) or (b) of this section before completion of the review of the notice or order. 13 The written request must include a detailed statement of the reasons in support of the 14 request. The commissioner shall expeditiously issue an order granting or denying the 15 temporary relief. If the applicant requests temporary relief from a cessation order 16 issued under (a) or (b) of this section, the commissioner shall issue an order granting 17 or denying the temporary relief within 10 days after the commissioner receives the 18 written request. The commissioner may grant the temporary relief under this 19 subsection only 20 (1) after the office of administrative hearings [COMMISSIONER] 21 holds a hearing in the locality of the permit area on the request for temporary relief in 22 which the parties have an opportunity to be heard; 23 (2) if the applicant shows that there is substantial likelihood that the 24 findings of the commissioner under (d) of this section will be favorable to the 25 applicant; and 26 (3) if the temporary relief will not adversely affect the health or safety 27 of the public or cause significant, imminent, environmental harm to land, air, or water 28 resources. 29 * Sec. 84. AS 34.45.400(c) is amended to read: 30 (c) At the formal hearing, the hearing officer from the office of 31 administrative hearings (AS 44.21.510) [DEPARTMENT] may subpoena witnesses
01 and may administer oaths and make inquiries necessary to determine the validity of 02 the claim. The person aggrieved may present arguments and evidence relevant to the 03 decision or action of the department. If, after the hearing, the department determines 04 that a correction is warranted, the department shall make the correction. 05 * Sec. 85. AS 36.30.615 is amended to read: 06 Sec. 36.30.615. Hearing on protest appeal. A hearing on a protest appeal 07 shall be conducted in accordance with AS 36.30.670 and regulations adopted by the 08 commissioner to the extent they do not conflict with regulations adopted under 09 AS 44.21.560. 10 * Sec. 86. AS 36.30.630(a) is amended to read: 11 (a) Except as provided in (b) of this section, a hearing shall be conducted 12 according to AS 36.30.670 and, to the extent they do not conflict with regulations 13 adopted under AS 44.21.560, regulations adopted by the commissioner of 14 administration on a contract controversy appealed to the commissioner of 15 administration or the commissioner of transportation and public facilities or referred to 16 either commissioner under AS 36.30.620(f). 17 * Sec. 87. AS 36.30.635(a) is amended to read: 18 (a) After consultation with the using agency and the attorney general and after 19 a hearing conducted according to AS 36.30.670 and, to the extent they do not 20 conflict with regulations adopted under AS 44.21.560, regulations adopted by the 21 commissioner of administration, the commissioner of administration or the 22 commissioner of transportation and public facilities may debar a person for cause from 23 consideration for award of contracts. Notice of a debarment hearing shall be provided 24 in writing at least seven days before the hearing. The debarment may not be for a 25 period of more than three years. 26 * Sec. 88. AS 36.30.650 is amended to read: 27 Sec. 36.30.650. Hearing on a suspension. (a) A person suspended under 28 AS 36.30.635 is entitled to a hearing conducted according to AS 36.30.670 and, to the 29 extent that they do not conflict with regulations adopted under AS 44.21.560, 30 regulations adopted by the commissioner of administration if the person files a written 31 request for a hearing with the commissioner of administration or the commissioner of
01 transportation and public facilities, as appropriate, within seven days after receipt of 02 the notice of suspension under AS 36.30.645. 03 (b) If a suspended person requests a hearing, the commissioner of 04 administration or the commissioner of transportation and public facilities, as 05 appropriate, after consulting with the office of administrative hearings 06 (AS 44.21.510), shall schedule a prompt hearing unless the attorney general 07 determines that a hearing at the proposed time is likely to jeopardize an investigation. 08 A hearing may not be delayed longer than six months after notice of the suspension is 09 provided under AS 36.30.645. 10 * Sec. 89. AS 36.30.670(a) is amended to read: 11 (a) The chief administrative hearing officer (AS 44.21.510) 12 [COMMISSIONER OF ADMINISTRATION OR THE COMMISSIONER OF 13 TRANSPORTATION AND PUBLIC FACILITIES] shall act as a hearing officer [OR 14 APPOINT A HEARING OFFICER] for a hearing conducted under this chapter. The 15 hearing officer shall arrange for a prompt hearing and notify the parties in writing of 16 the time and place of the hearing. The hearing shall be conducted in an informal 17 manner. The provisions of AS 44.62 (Administrative Procedure Act) do not apply to a 18 hearing conducted under this chapter. 19 * Sec. 90. AS 36.30.675(a) is amended to read: 20 (a) The [IF THE COMMISSIONER OF ADMINISTRATION OR THE 21 COMMISSIONER OF TRANSPORTATION AND PUBLIC FACILITIES IS NOT 22 ACTING AS HEARING OFFICER, THE] hearing officer shall recommend a decision 23 to the commissioner of administration or the commissioner of transportation and 24 public facilities, as appropriate, based on the evidence presented. The 25 recommendation must include findings of fact and conclusions of law. 26 * Sec. 91. AS 39.25.120(b) is amended to read: 27 (b) A person holding a position in the partially exempt service is not required 28 to complete an assessment and is not eligible for a hearing [BY THE PERSONNEL 29 BOARD] in case of dismissal, demotion, or suspension. Positions in the partially 30 exempt service are specifically exempt from the rules established under 31 AS 39.25.150(3) - (10), (12), (13), and (16).
01 * Sec. 92. AS 39.25.120(c) is amended by adding a new paragraph to read: 02 (20) the chief administrative hearing officer and hearing officers of the 03 office of administrative hearings established in AS 44.21.510. 04 * Sec. 93. AS 39.25.170(a) is amended to read: 05 (a) An employee in the classified service who is dismissed, demoted, or 06 suspended for more than 30 working days in a 12-month period shall be notified in 07 writing by the employer of the action and the reason for it, [AND] may be heard 08 publicly by a hearing officer from the office of administrative hearings 09 (AS 44.21.510), [THE PERSONNEL BOARD] and may be represented by counsel at 10 the hearing. In order to be heard, the complainant shall request a hearing within 15 11 days of dismissal, demotion, or suspension. 12 * Sec. 94. AS 39.25.176(a) is amended to read: 13 (a) If a person refuses to respond to a subpoena issued under AS 39.25.175, or 14 refuses to testify at a hearing authorized by AS 39.25.170, the hearing officer 15 [PERSONNEL BOARD] may apply to the superior court for an order requiring the 16 person to respond to the subpoena or to testify. 17 * Sec. 95. AS 39.35.030(d) is amended to read: 18 (d) The governor shall appoint two physicians authorized to practice medicine 19 in the state to serve as members of the board and two physicians authorized to practice 20 medicine in the state to serve as alternate members to the physician members of the 21 board. The physicians are members of the board only for the purpose of assisting the 22 hearing officer from the office of administrative hearings (AS 44.21.510) in 23 hearing appeals to determine medical eligibility for disability benefits under 24 AS 39.35.400 and 39.35.410. If the administrator, after making a reasonable effort to 25 secure the participation of two physician members or alternates to serve on a disability 26 appeal, is unable to do so, the hearing officer [BOARD] may hear the appeal with the 27 assistance [PARTICIPATION] of only one physician member or alternate [, IN 28 WHICH CASE, FOR PURPOSES OF A QUORUM, THE BOARD SHALL BE 29 CONSIDERED TO HAVE ONLY ONE PHYSICIAN AS A MEMBER]. The Public 30 Employees' Retirement Board and the Teachers' Retirement Board may submit to the 31 governor a list of recommended physicians to serve on the board. Physician members
01 serve at the pleasure of the governor. 02 * Sec. 96. AS 39.35.047(b) is amended to read: 03 (b) In the conduct of a hearing under this chapter, the hearing officer from 04 the office of administrative hearings (AS 44.21.510) [BOARD] may issue 05 subpoenas, administer oaths, compel the attendance and testimony of witnesses, 06 compel the taking of depositions and the submission of affidavits, and compel the 07 production of documents and records. The hearing officer's [BOARD'S] powers 08 under this subsection do not extend to prehearing discovery. However, upon good 09 cause shown, the hearing officer [BOARD] may permit the preservation of witness 10 testimony if the hearing officer [BOARD] cannot successfully compel the witness to 11 attend a hearing. The board may authorize hearing officers to [CONDUCT 12 HEARINGS UNDER THIS CHAPTER AND] issue binding decisions. The binding 13 [; THE] decision of a hearing officer may be appealed to the board. The board shall 14 adopt procedures for appeals from a hearing officer's binding decision. 15 * Sec. 97. AS 39.35.522(c) is amended to read: 16 (c) The board may arrange with the office of administrative hearings 17 (AS 44.21.510) to conduct a hearing on an appeal under this section. 18 * Sec. 98. AS 39.45.025(a) is amended to read: 19 (a) The Public Employees Retirement Board established by AS 39.35.030 20 shall 21 (1) hold regular and special meetings it considers necessary to carry 22 out its responsibilities relating to the deferred compensation program for state 23 employees; all meetings are open to the public and the board shall keep a full record of 24 all its proceedings; 25 (2) adopt, with modifications it considers proper, regulations 26 recommended by the administrator for carrying out the deferred compensation 27 program for state employees; 28 (3) consider matters referred to it by the administrator in connection 29 with changes in policy and revisions of the deferred compensation program for state 30 employees; 31 (4) act as an appeals board, arrange with the office of administrative
01 hearings (AS 44.21.510) to hold hearings at the request of an employer, employee, 02 surviving spouse, or a beneficiary on decisions made by the administrator that relate to 03 the deferred compensation program for state employees, and submit its findings to the 04 administrator; 05 (5) prescribe the policies for the proper operation of the deferred 06 compensation program for state employees and take other action that it considers 07 necessary to carry out the intent and purpose of the program. 08 * Sec. 99. AS 39.52.120 is amended by adding a new subsection to read: 09 (e) Except for supplying information requested by the hearing officer or 10 responding to contacts initiated by the hearing officer, a public officer may not attempt 11 to influence the outcome of an administrative hearing conducted by the office of 12 administrative hearings (AS 44.21.510) by directly or indirectly contacting or 13 attempting to contact the hearing officer assigned to the hearing unless the 14 (1) contact is made in the presence of all parties to the hearing or the 15 parties' representatives and the contact is made a part of the record; or 16 (2) fact and substance of the contact is promptly disclosed by the 17 public officer to all parties to the hearing and the contact is made a part of the record. 18 * Sec. 100. AS 39.52.350(c) is amended to read: 19 (c) If the subject of the accusation denies that a violation of this chapter has 20 occurred, the attorney general shall refer the matter to the chief administrative 21 hearing officer (AS 44.21.510), who [PERSONNEL BOARD, WHICH] shall appoint 22 a hearing officer to conduct a hearing. 23 * Sec. 101. AS 41.17.045(a) is amended to read: 24 (a) The governor may initiate the removal of a board member for inefficiency, 25 neglect of duty, or misconduct in office by delivering to the member a written copy of 26 the charges and giving the member an opportunity to be heard in person or by counsel 27 at a public hearing before a hearing officer of the office of administrative hearings 28 (AS 44.21.510) [THE GOVERNOR OR THE GOVERNOR'S DESIGNEE] on at least 29 10 days' written notice by registered mail. The member has a right of confrontation 30 and cross-examination of witnesses testifying. 31 * Sec. 102. AS 41.17.139(a) is amended to read:
01 (a) Unless otherwise specified, proceedings under AS 41.17.131 - 41.17.139 02 are not subject to AS 44.62 (Administrative Procedure Act). A hearing under 03 AS 41.17.136 or 41.17.138 shall be held before [THE STATE FORESTER, A 04 REGIONAL FORESTER, OR ANOTHER EMPLOYEE OF THE DIVISION WITH 05 SIMILAR QUALIFICATIONS ACTING AS] a hearing officer of the office of 06 administrative hearings (AS 44.21.510). A hearing on an appeal under 07 AS 41.17.087 and a hearing under AS 41.17.082(b) shall also be held before a 08 hearing officer of the office of administrative hearings [THE COMMISSIONER 09 OR THE COMMISSIONER'S DESIGNEE. A PERSON WHO HAS ASSISTED IN 10 THE PREPARATION OF THE DIVISION'S CASE IS INELIGIBLE]. Hearings are 11 not limited by common law, statutory, or judicial rules of evidence; however, the 12 hearing officer may admit only that evidence that appears to be reliable and 13 trustworthy. All hearings shall be open to the public. Written or oral testimony may 14 be submitted. A party to a hearing may make written or oral argument, secure the 15 issuance of a subpoena under AS 44.62.430, offer testimony or other evidence, and 16 cross-examine witnesses. The hearing officer shall endeavor, in conducting any 17 hearing, to ensure that the respondent understands the proceedings and that the facts 18 supporting the position of each party have been adequately presented. 19 * Sec. 103. AS 43.23.015(g) is amended to read: 20 (g) If an individual is aggrieved by a decision of the department determining 21 the individual's eligibility for a permanent fund dividend or the individual's authority 22 to claim a permanent fund dividend on behalf of another, the individual may, upon 23 payment of a $25 appeal fee, request the department to review its decision. Within 12 24 months after the administrative appeal is filed and after a hearing conducted by the 25 office of administrative hearings (AS 44.21.510), the department shall provide the 26 individual with a final written decision. If the individual is aggrieved by the decision 27 of the department after all administrative proceedings, the individual may appeal that 28 decision to the superior court in accordance with AS 44.62.560. An appeal to the court 29 under this section does not entitle the aggrieved individual to a trial de novo. The 30 appeal shall be based on the record of the administrative proceeding from which 31 appeal is taken and the scope of appeal is limited to matters contained in the record of
01 the administrative proceeding. If, as a result of an administrative proceeding or a court 02 appeal, the individual prevails, the $25 appeal fee shall be returned to the individual 03 by the department. 04 * Sec. 104. AS 43.23.066(c) is amended to read: 05 (c) AS 44.62.330 - 44.62.630 apply to a hearing requested by an individual 06 under (b)(3) of this section. The hearing shall be conducted by the office of 07 administrative hearings (AS 44.21.510). 08 * Sec. 105. AS 43.23.068(c) is amended to read: 09 (c) AS 44.62.330 - 44.62.630 apply to a hearing requested by an individual 10 under (b)(3) of this section. The hearing shall be conducted by the office of 11 administrative hearings (AS 44.21.510). 12 * Sec. 106. AS 43.23.072(c) is amended to read: 13 (c) Except as provided in (d) of this section, AS 44.62.330 - 44.62.630 apply 14 to a hearing requested by an individual under (b) of this section. The hearing shall be 15 conducted by the office of administrative hearings (AS 44.21.510) and 16 (1) is limited to issues of identity of the individual and whether an 17 amount is still owing in the claim under AS 23.20; and 18 (2) may be conducted telephonically or in writing. 19 * Sec. 107. AS 43.70.075(m) is amended to read: 20 (m) The department may initiate suspension of a business license endorsement 21 or the right to obtain a business license endorsement under this section by sending the 22 person subject to the suspension a notice by certified mail, return receipt requested, or 23 by delivering the notice to the person. The notice must contain information that 24 informs the person of the grounds for suspension, the length of any suspension sought, 25 and the person's right to administrative review [BEFORE THE DEPARTMENT]. A 26 suspension begins 30 days after receipt of notice described in this subsection unless 27 the person delivers a timely written request for a hearing to the department in the 28 manner provided by regulations of the department. If a hearing is requested under this 29 subsection, a hearing officer of the office of administrative hearings (AS 44.21.510) 30 [DEPARTMENT] shall determine the issues by using the preponderance of the 31 evidence test and shall, to the extent they do not conflict with regulations adopted
01 under AS 44.21.560, conduct the hearing in the manner provided by regulations of the 02 department. A hearing under this subsection is limited to the following questions: 03 (1) was the person holding the business license endorsement, or an 04 agent or employee of the person while acting within the scope of the agency or 05 employment of the person, convicted by plea or judicial finding of violating 06 AS 11.76.100, 11.76.106, or 11.76.107; 07 (2) if the department does not allege a conviction of AS 11.76.100, 08 11.76.106, or 11.76.107, did the person, or an agent or employee of the person while 09 acting within the scope of the agency or employment of the person, violate a provision 10 of (a) or (g) of this section; 11 (3) within the 24 months before the date of the department's notice 12 under this subsection, was the person, or an agent or employee of the person while 13 acting within the scope of the agency or employment of the person, convicted of 14 violating AS 11.76.100, 11.76.106, or 11.76.107 or adjudicated for violating a 15 provision of (a) or (g) of this section. 16 * Sec. 108. AS 43.70.075(q) is amended to read: 17 (q) The department may adopt regulations that do not conflict with 18 regulations adopted under AS 44.21.510 to establish an administrative hearing 19 process for actions taken [BY THE DEPARTMENT] under this section. AS 44.62 20 (Administrative Procedure Act) does not apply to a hearing under this section. 21 * Sec. 109. AS 44.62.350(a) is amended to read: 22 (a) The governor shall assign a qualified, unbiased, and impartial hearing 23 officer, with experience in the general practice of law, to conduct hearings under this 24 chapter that are not conducted by the office of administrative hearings 25 (AS 44.21.510). A [. THE] hearing officer may perform other duties in connection 26 with the administration of this chapter and other laws. 27 * Sec. 110. AS 44.62.450(a) is amended to read: 28 (a) A hearing in a contested case shall be presided over by a hearing officer. 29 Unless the hearing is conducted by the office of administrative hearings 30 (AS 44.21.510), the [THE] agency itself shall determine whether the hearing officer 31 hears the case alone or whether the agency hears the case with the hearing officer.
01 * Sec. 111. AS 44.77.040(a) is amended to read: 02 (a) The Department of Administration, after consulting with the office of 03 administrative hearings (AS 44.21.510), shall fix a time for hearing the appeal and 04 shall notify the claimant and the officer who approved the voucher and give them a 05 reasonable opportunity to be heard. The hearing shall be conducted by the office of 06 administrative hearings. 07 * Sec. 112. AS 45.30.040(c) is amended to read: 08 (c) Whenever it determines that there may be a violation of the provisions of 09 this chapter by a manufacturer or dealer of mobile homes, the department may give 10 notice of hearing, and, within 30 days after giving notice, [HOLD] a hearing shall be 11 held by the office of administrative hearings (AS 44.21.510) to determine whether 12 there has been a violation. After notice and hearing, 13 (1) if the department finds that there has been a violation of the 14 provisions of this chapter, the department may issue an order directing that the person 15 who is violating the provision cure the violation in a reasonable time and in a 16 reasonable manner; 17 (2) if the department determines that violations of the provisions of 18 this chapter are regular and recurring, it may require forfeiture of the bond to the 19 benefit of the state and arrange for distribution of the proceeds of the bond to the 20 mobile home owners injured by the activities of the dealer or manufacturer, or to 21 mobile home dealers injured by the activities of the manufacturer. 22 * Sec. 113. AS 45.55.935 is amended to read: 23 Sec. 45.55.935. Hearings. (a) The administrator shall adopt regulations, 24 consistent with the provisions of this chapter and with regulations adopted under 25 AS 44.21.560, governing administrative hearings conducted by the office of 26 administrative hearings (AS 44.21.510) [ADMINISTRATOR OR A DESIGNEE OF 27 THE ADMINISTRATOR] for the following: 28 (1) orders issued under AS 45.55.120, 45.55.900(d), or 45.55.920; in 29 these instances, the administrator shall promptly send a notice of opportunity for 30 hearing to the issuer of the securities and to all persons who have filed with the 31 department a notice of intention to sell the securities; and
01 (2) orders issued under AS 45.55.060; before the administrator enters 02 an order under AS 45.55.060, the administrator shall send to the person involved a 03 notice of opportunity for hearing; if the person involved is an agent or investment 04 adviser representative, then the administrator shall, in addition, notify the employing 05 broker-dealer, state investment adviser, federal covered adviser, or issuer. 06 (b) In conducting a hearing in accordance with (a) of this section, the hearing 07 officer [ADMINISTRATOR] may issue a subpoena to compel the attendance of any 08 witness or party and to compel production of evidence. 09 * Sec. 114. AS 45.55.950(e) is amended to read: 10 (e) Every hearing in an administrative proceeding shall be public unless the 11 hearing officer, [ADMINISTRATOR] in the exercise of discretion, grants a request 12 joined in by all the respondents that the hearing be conducted privately. 13 * Sec. 115. AS 45.57.020(a) is amended to read: 14 (a) An offeror may not make a takeover bid unless at least 20 days before the 15 bid the offeror files with the department and with the registered agent of the offeree 16 company a statement containing all the information required by (c) of this section and 17 either 18 (1) within 10 days following the filing no hearing has been ordered by 19 the department or requested by the offeree company; or 20 (2) a hearing has been ordered within that time and, after [UPON] the 21 hearing conducted by the office of administrative hearings (AS 44.21.510), the 22 department has decided [ADJUDICATED] that the offeror proposed to make fair, 23 full, and effective disclosure to offerees of all information material to a decision to 24 accept or reject the offer. 25 * Sec. 116. AS 45.57.020(b) is amended to read: 26 (b) A hearing shall begin within 20 days of the date of filing of the statement, 27 and adjudication shall be made within 30 days of the filing unless extended by the 28 hearing officer [DEPARTMENT] for the convenience of the parties or protection of 29 the offerees. 30 * Sec. 117. AS 46.03.820(c) is amended to read: 31 (c) In the commissioner's discretion or upon application made by the recipient
01 of an order within 15 days of receipt of the order, the department, after consulting 02 with the office of administrative hearings (AS 44.21.510), shall schedule a hearing 03 at the earliest possible time. The hearing shall be scheduled within five days of the 04 receipt of the application. The submission of an application or the scheduling of a 05 hearing does not stay the operation of the department's order issued under (a) of this 06 section. 07 * Sec. 118. AS 46.03.850(e) is amended to read: 08 (e) The office of administrative hearings (AS 44.21.510) [DEPARTMENT] 09 shall hold a hearing within 20 days after the department receives [RECEIPT OF] a 10 request for one under (d) of this section. After the hearing, the department may 11 rescind, modify, or affirm the compliance order. 12 * Sec. 119. AS 46.14.410(a) is amended to read: 13 (a) If a municipality or a local air quality district has an approved local air 14 quality control program under AS 46.14.400 and the department determines that the 15 program is being implemented in a manner that fails to meet the terms of the 16 cooperative agreement or is otherwise being inappropriately administered, the 17 department shall give written notice setting out its determination to the municipality or 18 local air quality district. Within 45 days after [GIVING] written notice was given, the 19 office of administrative hearings (AS 44.21.510) [DEPARTMENT] shall conduct a 20 public hearing on the matter. The hearing shall be recorded by any means that ensures 21 an accurate record. 22 * Sec. 120. AS 46.15.065(c) is amended to read: 23 (c) The commissioner shall make investigations as necessary of rights asserted 24 by declarations filed under this section and shall determine each existing appropriation 25 and mail a summary of the determination to each person who has filed a declaration 26 with respect to the specified area or source. Any person adversely affected by a 27 determination may file with the commissioner a request for a hearing within 20 days 28 of the date the notice is mailed. If a hearing is requested, the commissioner shall, 29 after consulting with the office of administrative hearings (AS 44.21.510), send a 30 notice of the time and place of the hearing to each person who has filed a declaration. 31 * Sec. 121. AS 46.35.090(c) is amended to read:
01 (c) A hearing officer appointed by the chief administrative hearing officer 02 (AS 44.21.510) [UNDER AS 44.62.350] shall preside at hearings under this section, 03 rule on the admission and exclusion of evidence, advise the deciding officers on 04 matters of law, and participate in posthearing deliberations. 05 * Sec. 122. AS 46.35.090(e) is amended to read: 06 (e) The commissioner, after consultation with other state agencies and local 07 government, shall adopt regulations governing the conduct of adjudicatory hearings 08 under this section that do not conflict with regulations adopted under 09 AS 44.21.560. The commissioner may enter into cooperative agreements with local 10 governments and federal agencies for the joint holding of adjudicatory hearings. To 11 the extent feasible, regulations adopted under this section must conform to 12 adjudicatory hearing procedures for the review of permit decisions under AS 46.03 13 and AS 46.04. Notwithstanding AS 44.62.330(a)(44), adjudicatory hearing procedures 14 to review permit decisions under AS 46.35.010 - 46.35.210, or under AS 46.03 or 15 AS 46.04, need not conform to AS 44.62.330 - 44.62.630 (Administrative Procedure 16 Act). 17 * Sec. 123. AS 46.40.100(b) is amended to read: 18 (b) A party that is authorized under (g) of this section may file a petition 19 showing that a district coastal management program is not being implemented. A 20 petition filed under this subsection may not seek review of a proposed or final 21 consistency determination regarding a specific project. On receipt of a petition, the 22 council, after giving public notice in the manner required by (f) of this section, shall 23 arrange with the office of administrative hearings (AS 44.21.510) to conduct 24 [CONVENE] a hearing to consider the matter. A hearing called under this subsection 25 shall be held in accordance with regulations adopted by the council to the extent that 26 they do not conflict with regulations adopted under AS 44.21.560. After hearing, 27 the council may order that the coastal resource district or a state resource agency take 28 any action with respect to future implementation of the district coastal management 29 program that the council considers necessary, except that the council may not order 30 that the coastal resource district or a state agency take any action with respect to a 31 proposed or final consistency determination that has been issued.
01 * Sec. 124. AS 46.40.100(f) is amended to read: 02 (f) Upon receipt of a petition under (b) of this section and after consulting 03 with the office of administrative hearings, the council shall give notice of the 04 hearing at least 10 days before the scheduled date of the hearing. The notice must 05 (1) contain sufficient information in commonly understood terms to 06 inform the public of the nature of the petition; and 07 (2) indicate the manner in which the public may comment on the 08 petition. 09 * Sec. 125. AS 47.30.031(a) is amended to read: 10 (a) The board shall adopt regulations under AS 44.62 (Administrative 11 Procedure Act) consistent with state law and the fiduciary responsibilities imposed by 12 law on members of boards of directors of corporations having trust responsibilities 13 and consistent with regulations adopted under AS 44.21.560. 14 * Sec. 126. AS 47.45.050 is amended to read: 15 Sec. 47.45.050. Department hearing. The Department of Administration 16 may arrange with the office of administrative hearings (AS 44.21.510) to hold a 17 [DEPARTMENTAL] hearing upon the request of an applicant or recipient who has 18 been disqualified. Before this hearing the department shall by certified mail notify an 19 applicant or recipient in plain and comprehensive language the exact reason for the 20 disqualification. Form letters using only referral to state statutes or department 21 regulations, or otherwise vague in detail, are not considered compliance by the 22 department with this section. 23 * Sec. 127. AS 39.25.070(3) is repealed. 24 * Sec. 128. The uncodified law of the State of Alaska is amended by adding a new section 25 to read: 26 TRANSITION. (a) Upon the initial appointment of the chief administrative hearing 27 officer under AS 44.21.510(c), added by sec. 2 of this Act, the chief administrative hearing 28 officer and the commissioner of administration, the commissioner of community and 29 economic development, the commissioner of revenue, and the governor's office shall identify 30 hearing officers and support staff to be transferred to the office of administrative hearings. A 31 state employee who is transferred under this section from another agency to the office of
01 administrative hearings shall continue to be compensated at the same range and step of the 02 salary schedule in AS 39.27.011(a) that the employee was receiving before the transfer, and 03 qualifies for salary increases authorized under AS 39.27.011 and 39.27.022. 04 (b) Procedural regulations of an agency that refers an administrative hearing to the 05 office of administrative hearings shall apply to the hearing until regulations adopted under 06 AS 44.21.560(a), added in sec. 2 of this Act, become effective.