Alaska Statutes
Alaska Stat. § 16.43.110 (2026)
Regulations and hearing procedures
✓ current as of July 2026
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Sec. 16.43.110. Regulations and hearing procedures.
(a) The commission may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter.
(b) The commission shall adopt regulations, consistent with due process of law, that govern practice and procedure and the conduct of all investigations, hearings, and proceedings that it holds.
(c) The Alaska Rules of Evidence apply to investigations, hearings, and proceedings before the commission, except when the commission determines that their application is not required in order to assure fair treatment of all parties and that the evidence is relevant and of the sort on which responsible persons are accustomed to rely in the conduct of serious matters.
(d) The commission, a commissioner, or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in an inquiry, investigation, hearing, or proceeding before the commission in any part of the state. The commission may petition a court to enforce its subpoenas or other process.
(e) The commission shall adopt regulations to provide for the correction of administrative error.
(f) In case of a tie vote between commissioners in an adjudicatory proceeding, the decision of the hearing officer is the final administrative decision of the commission subject to review by a superior court under AS 44.62 (Administrative Procedure Act).
(a) The commission may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter.
(b) The commission shall adopt regulations, consistent with due process of law, that govern practice and procedure and the conduct of all investigations, hearings, and proceedings that it holds.
(c) The Alaska Rules of Evidence apply to investigations, hearings, and proceedings before the commission, except when the commission determines that their application is not required in order to assure fair treatment of all parties and that the evidence is relevant and of the sort on which responsible persons are accustomed to rely in the conduct of serious matters.
(d) The commission, a commissioner, or an employee authorized by the commission may administer oaths, certify to all official acts, and issue subpoenas and other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts, and documents in an inquiry, investigation, hearing, or proceeding before the commission in any part of the state. The commission may petition a court to enforce its subpoenas or other process.
(e) The commission shall adopt regulations to provide for the correction of administrative error.
(f) In case of a tie vote between commissioners in an adjudicatory proceeding, the decision of the hearing officer is the final administrative decision of the commission subject to review by a superior court under AS 44.62 (Administrative Procedure Act).
Notes of Decisions
Cited in 9
cases, 1984–2018 · leading case: Alaska State Comm'n for Human Rights v. Anderson, 426 P.3d 956 (Alaska 2018).
Alaska State Comm'n for Human Rights v. Anderson, 426 P.3d 956 (Alaska 2018). “35 See AS 16.43.110(d) (granting subpoena power to Alaska Commercial (continued.”
Forquer v. State, Com. Fisheries Entry Comm'n, 677 P.2d 1236 (Alaska 1984). “260(c) states: When an applicant is unable to establish his qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, he may request and obtain an administrative adjudication of his application according to the…”
State v. Dupier, 118 P.3d 1039 (Alaska 2005). “” 31 . See 20 AAC 05.110 (2001). The other enabling statutes cited in the regulation are AS 16.”
Carlson v. State, 798 P.2d 1269 (Alaska 1990). “” AS 16.43.110 provided-that the CFEC “may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter.”
Deubelbeiss v. Com. Fisheries Entry Comm'n, 689 P.2d 487 (Alaska 1984). “In such a case, the key question for the reviewing court is whether the regulation, insofar as it conflicts *493 with the restrictive statute, is outside the scope of the agency's authority.”
Crivello v. State, 59 P.3d 741 (Alaska 2002). “260(c) reads: When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according…”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “” AS 16.43.110(a). Specifically, the CFEC is to “designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued,” AS 16.”
Suydam v. State, Com. Fisheries Entry Comm'n, 957 P.2d 318 (Alaska 1998). “260(c), which states in relevant part: When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of…”
Widmyer v. State, Com. Fisheries Entry Comm'n, 267 P.3d 1169 (Alaska 2011). “130(c) ("'The first purchaser of raw fish, a catcher-seller, and an individual or company that catches and processes or exports that individual's or company's own catch or has that catch processed or received by another individual or company, shall record each delivery on an ADF…”
— Alaska Stat. § 16.43.110(a) — 4 cases
Carlson v. State, 798 P.2d 1269 (Alaska 1990). “” AS 16.43.110 provided-that the CFEC “may adopt regulations, consistent with law, necessary or proper in the exercise of its powers or for the performance of its duties under this chapter.”
Deubelbeiss v. Com. Fisheries Entry Comm'n, 689 P.2d 487 (Alaska 1984). “In such a case, the key question for the reviewing court is whether the regulation, insofar as it conflicts *493 with the restrictive statute, is outside the scope of the agency's authority.”
Simpler v. State, Com. Fisheries Entry Comm'n, 728 P.2d 227 (Alaska 1986). “” AS 16.43.110(a). Specifically, the CFEC is to “designate, when necessary to accomplish the purposes of this chapter, particular species for which separate interim-use permits or entry permits will be issued,” AS 16.”
Widmyer v. State, Com. Fisheries Entry Comm'n, 267 P.3d 1169 (Alaska 2011). “130(c) ("'The first purchaser of raw fish, a catcher-seller, and an individual or company that catches and processes or exports that individual's or company's own catch or has that catch processed or received by another individual or company, shall record each delivery on an ADF…”
— Alaska Stat. § 16.43.110(b) — 3 cases
Forquer v. State, Com. Fisheries Entry Comm'n, 677 P.2d 1236 (Alaska 1984). “260(c) states: When an applicant is unable to establish his qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, he may request and obtain an administrative adjudication of his application according to the…”
Crivello v. State, 59 P.3d 741 (Alaska 2002). “260(c) reads: When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of the application according…”
Suydam v. State, Com. Fisheries Entry Comm'n, 957 P.2d 318 (Alaska 1998). “260(c), which states in relevant part: When an applicant is unable to establish qualifications for an entry permit by submitting the specific verified evidence required in the application by the commission, the applicant may request and obtain an administrative adjudication of…”
— Alaska Stat. § 16.43.110(d) — 1 case
Alaska State Comm'n for Human Rights v. Anderson, 426 P.3d 956 (Alaska 2018). “35 See AS 16.43.110(d) (granting subpoena power to Alaska Commercial (continued.”
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