Alaska Statutes
Alaska Stat. § 18.80.145 (2026)
Intervention by State Commission for Human Rights
✓ current as of July 2026
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Sec. 18.80.145. Intervention by State Commission for Human Rights.
Article 3. Commission Reports and Publications.
(a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission. Upon timely application, the commission may intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to prevent irreparable injury to the plaintiff.
(b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120 and 18.80.130, the decision of the commission is binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not resolved in the hearing.
(c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under AS 18.80.135, whether or not the person was a party to, or complainant in, the administrative proceedings.
(d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.
(a) When an action is brought under AS 22.10.020(i), the plaintiff shall serve a copy of the complaint on the commission. Upon timely application, the commission may intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to prevent irreparable injury to the plaintiff.
(b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120 and 18.80.130, the decision of the commission is binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not resolved in the hearing.
(c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under AS 18.80.135, whether or not the person was a party to, or complainant in, the administrative proceedings.
(d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.
Notes of Decisions
Cited in 8
cases, 1976–2008 · leading case: Johnson v. Alaska State Dep't of Fish & Game, 836 P.2d 896 (Alaska 1991).
Johnson v. Alaska State Dep't of Fish & Game, 836 P.2d 896 (Alaska 1991). “The most important preclusion statute for present purposes is AS 18.80.145. 15 Section 145 requires a plaintiff who brings a superior court action under AS 18.”
Beegan v. State, Dep't of Transp. & Pub. Facilities, 195 P.3d 134 (Alaska 2008). “Alaska State Department of Fish & Game, the application of AS 18.80.145 is not limited to situations in which the Commission requests deferral.”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “The state argues that this issue was not properly before the superior court because a jurisdictional prerequisite was not complied with in that plaintiffs failed to file a copy of the complaint with the Human Rights Commission, as required by AS 18.80.145. 112 In the…”
Hotel, Motel, Restaurant, Constr. Camp Employees & Bartenders Union Local 879 v. Thomas, 551 P.2d 942 (Alaska 1976). “” Although the Commission enjoys a limited right under AS 18.80.145(a) to intervene in a private class action brought pursuant to AS 22.”
Parson v. State, Dept. of Revenue, 189 P.3d 1032 (Alaska 2008). “130; AS 18.80.145; AS 22.10.020(i); Johnson v.”
Barnica v. Kenai Peninsula Borough Sch. Dist., 46 P.3d 974 (Alaska 2002). “§ 626 ; AS 18.80.145. [35] 29 U.S.C. § 626 ; AS 18.”
Johnson v. State, 607 P.2d 944 (Alaska 1980). “The Commission apparently concedes that it is without authority to be granted the status of an intervenor under AS 18.80.145, or to issue any binding order under AS 18.”
Alaska State Comm'n for Human Rights v. State, Dep't of Admin., 796 P.2d 458 (Alaska 1990). “AS 18.80.145(a) reads in pertinent part: When an action is brought under AS 22.”
— Alaska Stat. § 18.80.145(a) — 4 cases
Beegan v. State, Dep't of Transp. & Pub. Facilities, 195 P.3d 134 (Alaska 2008). “Alaska State Department of Fish & Game, the application of AS 18.80.145 is not limited to situations in which the Commission requests deferral.”
Hotel, Motel, Restaurant, Constr. Camp Employees & Bartenders Union Local 879 v. Thomas, 551 P.2d 942 (Alaska 1976). “” Although the Commission enjoys a limited right under AS 18.80.145(a) to intervene in a private class action brought pursuant to AS 22.”
Alaska State Comm'n for Human Rights v. State, Dep't of Admin., 796 P.2d 458 (Alaska 1990). “AS 18.80.145(a) reads in pertinent part: When an action is brought under AS 22.”
Parson v. State, Dept. of Revenue, 189 P.3d 1032 (Alaska 2008). “130; AS 18.80.145; AS 22.10.020(i); Johnson v.”
— Alaska Stat. § 18.80.145(b) — 2 cases
Beegan v. State, Dep't of Transp. & Pub. Facilities, 195 P.3d 134 (Alaska 2008). “Alaska State Department of Fish & Game, the application of AS 18.80.145 is not limited to situations in which the Commission requests deferral.”
Johnson v. Alaska State Dep't of Fish & Game, 836 P.2d 896 (Alaska 1991). “The most important preclusion statute for present purposes is AS 18.80.145. 15 Section 145 requires a plaintiff who brings a superior court action under AS 18.”
— Alaska Stat. § 18.80.145(d) — 2 cases
Johnson v. Alaska State Dep't of Fish & Game, 836 P.2d 896 (Alaska 1991). “The most important preclusion statute for present purposes is AS 18.80.145. 15 Section 145 requires a plaintiff who brings a superior court action under AS 18.”
Parson v. State, Dept. of Revenue, 189 P.3d 1032 (Alaska 2008). “130; AS 18.80.145; AS 22.10.020(i); Johnson v.”
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