Alaska Statutes
Alaska Stat. § 28.05.141 (2026)
Hearings and appeals
✓ current as of July 2026
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Sec. 28.05.141. Hearings and appeals.
Article 4. Disposition of Certain Vehicle and Traffic Offenses.
(a) Unless otherwise specifically provided, all hearings required under this title or regulations adopted under this title shall be conducted by the Department of Public Safety or the Department of Administration, as appropriate, under regulations adopted by the appropriate commissioner governing practice and procedure and consistent with due process of law. Hearings must be informal, and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney. The hearing officer shall be appointed by the appropriate commissioner and may be appointed from the department conducting the hearing. A hearing officer need not be an attorney, but must be impartial and may not have participated in the decision that is under review. The hearing officer does not have to file a full opinion or make formal findings of fact or conclusions of law, but the hearing officer must state the reasons for the determination and indicate the evidence relied upon. The proceedings at the hearing shall be recorded.
(b) A hearing ordered under (a) of this section must be held by telephone unless the hearing officer finds that a telephonic hearing would substantially prejudice the rights of the person involved in the hearing or that an in-person hearing is necessary to decide the issues to be presented in the hearing. An in-person hearing must be held at the office of the Department of Public Safety or of the Department of Administration nearest to the residence of the person involved in the hearing unless the appropriate department and the person agree that the hearing is to be held elsewhere. The appropriate department shall grant a hearing delay if the person presents good cause for the delay. If a person fails to attend or appear for the hearing at the time and place stated by the appropriate department and if a hearing delay has not been granted, the person's failure to attend or appear is considered a waiver of the hearing and the appropriate department may take appropriate action with respect to the person.
(c) If at a hearing conducted by the Department of Administration under (a) of this section it appears that the record of the person sustains suspension, revocation, limitation, denial, or other remedial action, the hearing officer shall so order and the Department of Administration may suspend, revoke, limit, deny, or take other remedial action against that person's license, registration, or title and, if appropriate, the department shall adjust the person's point total accumulated under AS 28.15.231.
(d) A person aggrieved by the decision of the hearing officer may, within 30 days after a decision is mailed or delivered to the person, file an appeal in superior court for judicial review of the hearing officer's decision. The judicial review shall be on the record. The court may reverse the determination of the Department of Public Safety or of the Department of Administration if the court finds that the department making the determination misinterpreted the law, acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record. The respective department's decision suspending, revoking, canceling, limiting, restricting, or denying a license, registration, title, permit, or privilege is stayed and does not take effect during the pendency of an appeal.
(a) Unless otherwise specifically provided, all hearings required under this title or regulations adopted under this title shall be conducted by the Department of Public Safety or the Department of Administration, as appropriate, under regulations adopted by the appropriate commissioner governing practice and procedure and consistent with due process of law. Hearings must be informal, and technical rules of evidence do not apply. A person who requests a hearing may retain an attorney. The hearing officer shall be appointed by the appropriate commissioner and may be appointed from the department conducting the hearing. A hearing officer need not be an attorney, but must be impartial and may not have participated in the decision that is under review. The hearing officer does not have to file a full opinion or make formal findings of fact or conclusions of law, but the hearing officer must state the reasons for the determination and indicate the evidence relied upon. The proceedings at the hearing shall be recorded.
(b) A hearing ordered under (a) of this section must be held by telephone unless the hearing officer finds that a telephonic hearing would substantially prejudice the rights of the person involved in the hearing or that an in-person hearing is necessary to decide the issues to be presented in the hearing. An in-person hearing must be held at the office of the Department of Public Safety or of the Department of Administration nearest to the residence of the person involved in the hearing unless the appropriate department and the person agree that the hearing is to be held elsewhere. The appropriate department shall grant a hearing delay if the person presents good cause for the delay. If a person fails to attend or appear for the hearing at the time and place stated by the appropriate department and if a hearing delay has not been granted, the person's failure to attend or appear is considered a waiver of the hearing and the appropriate department may take appropriate action with respect to the person.
(c) If at a hearing conducted by the Department of Administration under (a) of this section it appears that the record of the person sustains suspension, revocation, limitation, denial, or other remedial action, the hearing officer shall so order and the Department of Administration may suspend, revoke, limit, deny, or take other remedial action against that person's license, registration, or title and, if appropriate, the department shall adjust the person's point total accumulated under AS 28.15.231.
(d) A person aggrieved by the decision of the hearing officer may, within 30 days after a decision is mailed or delivered to the person, file an appeal in superior court for judicial review of the hearing officer's decision. The judicial review shall be on the record. The court may reverse the determination of the Department of Public Safety or of the Department of Administration if the court finds that the department making the determination misinterpreted the law, acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record. The respective department's decision suspending, revoking, canceling, limiting, restricting, or denying a license, registration, title, permit, or privilege is stayed and does not take effect during the pendency of an appeal.
Notes of Decisions
Cited in 8
cases, 1987–2015 · leading case: Borrego v. State, Dep't of Pub. Saf., 815 P.2d 360 (Alaska 1991).
Borrego v. State, Dep't of Pub. Saf., 815 P.2d 360 (Alaska 1991). “We noted that this last provision had been repealed and reenacted as AS 28.05.141— the very provision upon which Borrego now relies as a basis for appealing to the district court.”
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “Evidence Rule 412 replaced former Criminal Rule 26(g) by Supreme Court Order on August 1, 1979, the day the Alaska Rules of Evidence went into effect. Harker v. State, 663 P.2d 932 , 934 n.”
Briggs v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 732 P.2d 1078 (Alaska 1987). “[[Image here]] (m) Notwithstanding AS 28.05.141(d), within 30 days of the issuance of the final determination of the department, a person aggrieved by the determination may file an appeal in superior court for judicial review of the hearing officer’s determination.”
Winterrowd v. State, Dep't of Admin., Div. of Motor Vehs., 288 P.3d 446 (Alaska 2012). “The suspension was consistent with DMV's authority under AS 28.05.141(b), which states: "If a person fails to attend or appear for the hearing .”
Vonder Haar v. State, Dept. of Admin., Div. of Motor Vehs., 349 P.3d 173 (Alaska 2015). “330(b); AS 28.05.141. The Department has regulations that govern hearings related to actions taken under Title 28, but they do not address the burden of proof.”
State, Dep't of Pub. Saf. v. Shakespeare, 4 P.3d 322 (Alaska 2000). “when, as determined by a chemical test taken within four hours after the alleged offense was committed .”
Bollerud v. State, Dep't of Pub. Saf., 929 P.2d 1283 (Alaska 1997). “Bollerud’s counsel stated to the hearing officer that he was “through with the area” when the hearing officer moved the proceedings on to the next issue.”
Glascock v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 890 P.2d 65 (Alaska 1995). “See AS 28.05.141(a) (“Hearings must be informal, and technical rules of evidence do not apply.”
— Alaska Stat. § 28.05.141(a) — 3 cases
Nevers v. State, Dep't of Admin., Div. of Motor Vehs., 123 P.3d 958 (Alaska 2005). “Evidence Rule 412 replaced former Criminal Rule 26(g) by Supreme Court Order on August 1, 1979, the day the Alaska Rules of Evidence went into effect. Harker v. State, 663 P.2d 932 , 934 n.”
Bollerud v. State, Dep't of Pub. Saf., 929 P.2d 1283 (Alaska 1997). “Bollerud’s counsel stated to the hearing officer that he was “through with the area” when the hearing officer moved the proceedings on to the next issue.”
Glascock v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 890 P.2d 65 (Alaska 1995). “See AS 28.05.141(a) (“Hearings must be informal, and technical rules of evidence do not apply.”
— Alaska Stat. § 28.05.141(b) — 1 case
Winterrowd v. State, Dep't of Admin., Div. of Motor Vehs., 288 P.3d 446 (Alaska 2012). “The suspension was consistent with DMV's authority under AS 28.05.141(b), which states: "If a person fails to attend or appear for the hearing .”
— Alaska Stat. § 28.05.141(d) — 2 cases
Borrego v. State, Dep't of Pub. Saf., 815 P.2d 360 (Alaska 1991). “We noted that this last provision had been repealed and reenacted as AS 28.05.141— the very provision upon which Borrego now relies as a basis for appealing to the district court.”
Briggs v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 732 P.2d 1078 (Alaska 1987). “[[Image here]] (m) Notwithstanding AS 28.05.141(d), within 30 days of the issuance of the final determination of the department, a person aggrieved by the determination may file an appeal in superior court for judicial review of the hearing officer’s determination.”
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