Alaska Stat. » Chapter 39.25
Alaska Statutes

Alaska Stat. § 39.25.170 (2026)

Hearings and appeals upon dismissal, demotion, or suspension

✓ current as of July 2026
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Sec. 39.25.170. Hearings and appeals upon dismissal, demotion, or suspension.
 (a) An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by the employer of the action and the reason for it and may be heard publicly by the personnel board and may be represented by counsel at the hearing. In order to be heard, the complainant shall request a hearing within 15 days of dismissal, demotion, or suspension.

 (b) If the board finds that the action complained of was taken for a political, racial, or religious reason, or in violation of this chapter or the rules adopted under this chapter, the officer or employee shall be reinstated to the position without loss of pay or leave benefit for the period of dismissal, demotion, or suspension. In all other cases, the board shall report its findings and recommendations to both parties.




Notes of Decisions
Cited in 9 cases, 1967–2018 · leading case: Whaley v. State, 438 P.2d 718 (Alaska 1968).
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Whaley v. State, 438 P.2d 718 (Alaska 1968). · cites it 4× “4 *721 A provision of the State Personnel Act, AS 39.25.170, states as follows: (a) An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by his employer of the action and the…”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). · cites it 2× “We have no basis for not upholding such an administrative interpretation of AS 39.25.170 [the statute using the term "employee in the classified service"], particularly in view of the well settled rule that requires courts to give consideration and respect to the contemporaneous…”
Kelly v. Zamarello, 486 P.2d 906 (Alaska 1971). · cites it 2× “170, which states in part, “[a]n employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period” is entitled to a hearing before the personnel board. This court upheld the grant of summary judgment, finding that the…”
State, Dep't of Military & Vets. Affairs v. Bowen, 953 P.2d 888 (Alaska 1998). · cites it 2× “On May 14,1993, Bowen submitted a letter to the Alaska Personnel Board requesting a hearing under AS 39.25.170. This request was denied. On May 20, 1993, the DMVA issued Special Order AGR-092 terminating Bowen’s employment by order of Alaska Governor Walter J.”
Walt v. State, 751 P.2d 1345 (Alaska 1988). “See AS 39.25.170(a). Titus v. State, 451 P.2d 342 (Alaska 1969); Whaley v.”
Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969). “We have no basis for not upholding such an administrative interpretation of AS 39.25.170, particularly in view of the well settled rule that requires courts to give consideration and respect to the contemporaneous construction of a statute by those charged with its…”
Titus v. State, 451 P.2d 342 (Alaska 1969). · cites it 11× “170(a) further establishes a right to a hearing before the State Personnel Board for any employee “who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period * * *» 3 qn regard to this hearing be *344 fore the State Personnel Board, subsection (b)…”
Mueller v. Alaska State Bd. of Pers., 425 P.2d 145 (Alaska 1967). · cites it 6× “" [5] In regard to hearings and appeals, AS 39.25.170(a) of the State Personnel Act provides: An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by his employer of the…”
Shawn O'Donnoghue v. State of Alaska, Dep't of Admin. (Alaska 2018). “O’Donnoghue filed this appeal on December 28, within 30 days of the superior court’s December 9 order denying his motion for back pay and damages and reiterating that the appeal was moot and the case closed.”
— Alaska Stat. § 39.25.170(a) — 3 cases
Walt v. State, 751 P.2d 1345 (Alaska 1988). “See AS 39.25.170(a). Titus v. State, 451 P.2d 342 (Alaska 1969); Whaley v.”
Mueller v. Alaska State Bd. of Pers., 425 P.2d 145 (Alaska 1967). “" [5] In regard to hearings and appeals, AS 39.25.170(a) of the State Personnel Act provides: An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by his employer of the…”
Titus v. State, 451 P.2d 342 (Alaska 1969). “170(a) further establishes a right to a hearing before the State Personnel Board for any employee “who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period * * *» 3 qn regard to this hearing be *344 fore the State Personnel Board, subsection (b)…”
— Alaska Stat. § 39.25.170(b) — 2 cases
Titus v. State, 451 P.2d 342 (Alaska 1969). “170(a) further establishes a right to a hearing before the State Personnel Board for any employee “who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period * * *» 3 qn regard to this hearing be *344 fore the State Personnel Board, subsection (b)…”
Mueller v. Alaska State Bd. of Pers., 425 P.2d 145 (Alaska 1967). “" [5] In regard to hearings and appeals, AS 39.25.170(a) of the State Personnel Act provides: An employee in the classified service who is dismissed, demoted, or suspended for more than 30 working days in a 12-month period shall be notified in writing by his employer of the…”
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