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Alaska Statutes

Alaska Stat. § 44.62.330 (2026)

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Sec. 44.62.330. Application of AS 44.62.330 — 44.62.630.
 (a) The procedure of the state boards, commissions, and officers listed in this subsection or of their successors by reorganization under the constitution shall be conducted under AS 44.62.330 — 44.62.630. This procedure, including accusations and statements of issues, service, notice and time and place of hearing, subpoenas, depositions, matters concerning evidence and decisions, conduct of hearing, judicial review and scope of judicial review, continuances, reconsideration, reinstatement or reduction of penalty, contempt, mail vote, oaths, impartiality, and similar matters shall be governed by this chapter, notwithstanding similar provisions in the statutes dealing with the state boards, commissions, and officers listed. Where indicated, the procedure that shall be conducted under AS 44.62.330 — 44.62.630 is limited to named functions of the agency.
     (1) Board of Chiropractic Examiners;

     (2) Board of Dental Examiners;

     (3) State Board of Registration for Architects, Engineers, and Land Surveyors;

     (4) Board of Examiners in Optometry;

     (5) State Medical Board;

     (6) Division of Lands under Alaska Land Act where applicable;

     (7) Board of Nursing functions, except those related to findings of abuse, neglect, or misappropriation of property contained in the registry of certified nurse aides under AS 08.68.333;

     (8) Board of Pharmacy;

     (9) Board of Public Accountancy;

     (10) Department of Labor and Workforce Development as to functions relating to employment security only as provided in (c) of this section;

     (11) Real Estate Commission;

     (12) Alaska Workers' Compensation Board, where procedures are not otherwise expressly provided by the Alaska Workers' Compensation Act;

     (13) Department of Transportation and Public Facilities, as to functions relating to aeronautics and communications;

     (14) Department of Public Safety, as to suspension or revocation of a security guard's license under AS 18.65.400 — 18.65.490;

     (15) Department of Health and Department of Environmental Conservation under AS 17.20 (Alaska Food, Drug, and Cosmetic Act), and Department of Commerce, Community, and Economic Development in connection with the licensing of embalmers and funeral directors under AS 08.42;

     (16) Department of Environmental Conservation, under AS 18.35.010 — 18.35.090, concerning the regulation of tourist and trailer camps, motor courts, and motels;

     (17) Board of Marine Pilots;

     (18) Alaska Police Standards Council;

     (19) Big Game Commercial Services Board;

     (20) Alaska Public Offices Commission;

     (21) Board of Fisheries;

     (22) Board of Game;

     (23) Department of Education and Early Development and Professional Teaching Practices Commission with regard to proceedings to revoke or suspend a teacher's certificate under AS 14.20.030 — 14.20.040 and AS 14.20.470(a)(4);

     (24) Alaska Commission on Postsecondary Education under AS 14.48 as to denial of applications and revocation of authorizations and permits;

     (25) Department of Environmental Conservation, except to the extent that AS 44.62.360 — 44.62.400 are inconsistent with the manner in which proceedings are initiated under the provisions of AS 46.03 and AS 46.14;

     (26) Board of Psychologist and Psychological Associate Examiners;

     (27) Department of Fish and Game as to functions relating to the protection of fish and game under AS 16.05.871;

     (28) Board of Veterinary Examiners;

     (29) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of nursing home administrators;

     (30) Board of Barbers and Hairdressers;

     (31) Department of Natural Resources concerning the Alaska grain reserve program under former AS 03.12;

     (32) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of audiologists and speech-language pathologists under AS 08.11;

     (33) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of hearing aid dealers under AS 08.55;

     (34) Board of Certified Real Estate Appraisers;

     (35) Department of Labor and Workforce Development as to functions related to employment rights of the organized militia under AS 26.05.075;

     (36) Board of Certified Direct-Entry Midwives;

     (37) Board of Marital and Family Therapy;

     (38) Department of Revenue for administrative review of actions taken under AS 43.50 relating to a tobacco product manufacturer's compliance with statutory requirements regarding cigarette sales;

     (39) Department of Commerce, Community, and Economic Development as to the licensing and regulation of private professional guardians and conservators under AS 08.26;

     (40) Department of Commerce, Community, and Economic Development relating to the licensing and regulation of persons making deferred deposit advances under AS 06.50;

     (41) Department of Health and Department of Family and Community Services relating to the civil history databases under AS 47.05.330 — 47.05.390;

     (42) State Commission for Human Rights, where procedures are not otherwise expressly provided in AS 18.80;

     (43) Alaska Retirement Management Board for administration of pension forfeitures under AS 37.10.310;

     (44) Department of Commerce, Community, and Economic Development relating to mortgage lending under AS 06.60;

     (45) Board of Massage Therapists;

     (46) Marijuana Control Board.

 (b) The procedure of an agency not listed in (a) of this section shall be conducted under AS 44.62.330 — 44.62.630 only as to those functions to which AS 44.62.330 — 44.62.630 are made applicable by the statutes relating to that agency.

 (c) Judicial review and scope of judicial review of all final decisions of the commissioner of labor and workforce development on an appeal relating to employment security shall be in accord with this chapter notwithstanding anything to the contrary in AS 23.20 (Alaska Employment Security Act). All other procedures of the Department of Labor and Workforce Development relating to employment security shall be as provided in AS 23.20 and the regulations under AS 23.20.

 (d) Except in a case of reinstatement or reduction of penalty, the provisions of this chapter do not affect statutory provisions concerning
     (1) civil or criminal penalties;

     (2) additional relief by injunction or restraining order;

     (3) penalty provisions relating to suspension, revocation, reissuance, and other similar matters of licenses, permits, leases, concessions, and other similar matters;

     (4) related matters that in their context do not relate to procedure.




Notes of Decisions
Cited in 40 cases (4 in the last 5 years), 1964–2024 · leading case: Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979).
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Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979). · cites it 9× “[20] For purposes of the "Administrative *440 Adjudication" portion of the APA, AS 44.62.330 to 44.62.630, "party" is defined as "the agency, the respondent, and a person, other than an officer or an employee of the agency in his official capacity, who has been allowed to appear…”
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). · cites it 10× “40; that the APA by its very nature does not apply in the circumstances of this case; that grievance procedures are not “procedures” within AS 44.62.330; that the APA only applies to “adjudicative facts” not to “legislative facts;” and that the statutory framework governing…”
Sengupta v. Univ. of Alaska, 21 P.3d 1240 (Alaska 2001). · cites it 2× “1991) (holding that essential elements of adjudication in administrative proceeding include "adequate notice to persons to be bound by the adjudication, the parties' rights to present and rebut evidence and argument, a formulation of issues of law and fact in terms of specific…”
Cool Homes, Inc. v. Fairbanks North Star Borough of Equalization, 860 P.2d 1248 (Alaska 1993). · cites it 4× “However, the agencies covered by that statute are listed in AS 44.62.330, the opening section of the Administrative Procedure Act.”
Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969). · cites it 3× “Pan Am argues that the “where applicable” portion of AS 44.62.330(a) must be read in conjunction with the Alaska Land Act which authorized the Commissioner of Natural Resources to “establish reasonable procedures and adopt reasonable rules and regulations necessary to carry out”…”
Odum v. Univ. of Alaska, Anchorage, 845 P.2d 432 (Alaska 1993). · cites it 3× “shall be governed by this chapter_ AS 44.62.330(a) (emphasis added). The University presents no persuasive reason why the mandatory language of AS 44.”
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 44.62.330(a)(13); AS 44.62.570(d). Before the creation of the Appeals Commission, the Alaska Workers' Compensation Act had no express provision related to judicial review of Board decisions.”
Galt v. Stanton, 591 P.2d 960 (Alaska 1979). · cites it 2× “" We note that appellee Stanton assumed that the Administrative Procedure Act controls this appeal. It does not. AS 44.62.”
Mun. of Anchorage, Police & Fire Ret. Bd. v. Coffey, 893 P.2d 722 (Alaska 1995). · cites it 2× “See AS 44.62.330; AMC 3.85.010-.095 (1990). 8 .”
Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974). · cites it 2× “' If these were to be required by the Administrative Procedure Act, the obligation could be expected to have been imposed in the same manner as it has been placed upon other agencies; that is, by listing the Local Boundary Commission among the administrative bodies subjected by…”
Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012). “See AS 44.62.330(a) (listing agencies subject to the procedural requirements of AS 44.”
Roberts v. State, Dep't of Revenue, 162 P.3d 1214 (Alaska 2007). “The State Administrative Procedure Act does not require formal procedures for the issuance of gaming permits AS 44.62.330. Though the gaming statutes provide for basic requirements, such as the satisfactory proof requirement in subsection AS 05.”
Show all 40 citing cases →
— Alaska Stat. § 44.62.330(20) — 1 case
Wien Air Alaska, Inc. v. Dep't of Revenue, 647 P.2d 1087 (Alaska 1982).
— Alaska Stat. § 44.62.330(45) — 2 cases
Sengupta v. Univ. of Alaska, 21 P.3d 1240 (Alaska 2001). “1991) (holding that essential elements of adjudication in administrative proceeding include "adequate notice to persons to be bound by the adjudication, the parties' rights to present and rebut evidence and argument, a formulation of issues of law and fact in terms of specific…”
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “40; that the APA by its very nature does not apply in the circumstances of this case; that grievance procedures are not “procedures” within AS 44.62.330; that the APA only applies to “adjudicative facts” not to “legislative facts;” and that the statutory framework governing…”
— Alaska Stat. § 44.62.330(a) — 16 cases
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979). “[20] For purposes of the "Administrative *440 Adjudication" portion of the APA, AS 44.62.330 to 44.62.630, "party" is defined as "the agency, the respondent, and a person, other than an officer or an employee of the agency in his official capacity, who has been allowed to appear…”
Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969). “Pan Am argues that the “where applicable” portion of AS 44.62.330(a) must be read in conjunction with the Alaska Land Act which authorized the Commissioner of Natural Resources to “establish reasonable procedures and adopt reasonable rules and regulations necessary to carry out”…”
Gold Dust Mines, Inc. v. Little Squaw Gold Mining Co., 299 P.3d 148 (Alaska 2012). “See AS 44.62.330(a) (listing agencies subject to the procedural requirements of AS 44.”
Odum v. Univ. of Alaska, Anchorage, 845 P.2d 432 (Alaska 1993). “shall be governed by this chapter_ AS 44.62.330(a) (emphasis added). The University presents no persuasive reason why the mandatory language of AS 44.”
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “40; that the APA by its very nature does not apply in the circumstances of this case; that grievance procedures are not “procedures” within AS 44.62.330; that the APA only applies to “adjudicative facts” not to “legislative facts;” and that the statutory framework governing…”
— Alaska Stat. § 44.62.330(a)(1) — 1 case
State of Alaska, Dep't of Health & Soc. Servs. v. Jennifer D. White & John P. Shannon, D.C., 529 P.3d 534 (Alaska 2023).
— Alaska Stat. § 44.62.330(a)(12) — 2 cases
Alaska State Comm'n for Human Rights v. United Physical Therapy, United Physical Therapy v. Alaska State Comm'n for Human Rights, 484 P.3d 599 (Alaska 2021).
Sandra J. Rusch v. Se. Alaska Reg'l Health Consortium & Alaska Nat'l Ins. Co., Brenda Dockter v. SEARHC & Alaska Nat'l Ins. Co., 453 P.3d 784 (Alaska 2019).
— Alaska Stat. § 44.62.330(a)(13) — 1 case
Alaska Pub. Interest Rsch. Grp. v. State, 167 P.3d 27 (Alaska 2007). “AS 44.62.330(a)(13); AS 44.62.570(d). Before the creation of the Appeals Commission, the Alaska Workers' Compensation Act had no express provision related to judicial review of Board decisions.”
— Alaska Stat. § 44.62.330(a)(15) — 1 case
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994).
— Alaska Stat. § 44.62.330(a)(17) — 1 case
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979). “[20] For purposes of the "Administrative *440 Adjudication" portion of the APA, AS 44.62.330 to 44.62.630, "party" is defined as "the agency, the respondent, and a person, other than an officer or an employee of the agency in his official capacity, who has been allowed to appear…”
— Alaska Stat. § 44.62.330(a)(18) — 2 cases
Allen v. Alaska Oil & Gas Conserv. Com'n, 147 P.3d 664 (Alaska 2006).
Allen v. Alaska Oil & Gas Conservation Comm'n, 147 P.3d 664 (Alaska 2006).
— Alaska Stat. § 44.62.330(a)(20) — 1 case
Alaska Pub. Offices Comm'n v. Not Tammie & Citizens for Clean Air - No On Proposition 1, 482 P.3d 386 (Alaska 2021).
— Alaska Stat. § 44.62.330(a)(23) — 1 case
RBG Bush Planes, LLC v. Kirk, 340 P.3d 1056 (Alaska 2015).
— Alaska Stat. § 44.62.330(a)(37) — 1 case
State, Dep't of Com., Cmty. & Econ. Dev., Div. of Corporations, Bus. & Prof'l Licensing v. Wold, 278 P.3d 266 (Alaska 2012).
— Alaska Stat. § 44.62.330(a)(42) — 1 case
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979). “[20] For purposes of the "Administrative *440 Adjudication" portion of the APA, AS 44.62.330 to 44.62.630, "party" is defined as "the agency, the respondent, and a person, other than an officer or an employee of the agency in his official capacity, who has been allowed to appear…”
— Alaska Stat. § 44.62.330(a)(45) — 3 cases
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “40; that the APA by its very nature does not apply in the circumstances of this case; that grievance procedures are not “procedures” within AS 44.62.330; that the APA only applies to “adjudicative facts” not to “legislative facts;” and that the statutory framework governing…”
Odum v. Univ. of Alaska, Anchorage, 845 P.2d 432 (Alaska 1993). “shall be governed by this chapter_ AS 44.62.330(a) (emphasis added). The University presents no persuasive reason why the mandatory language of AS 44.”
Helmuth v. Univ. of Alaska Fairbanks, 908 P.2d 1017 (Alaska 1995).
— Alaska Stat. § 44.62.330(a)(9) — 2 cases
McCarrey v. Comm'r of Nat. Resources, 526 P.2d 1353 (Alaska 1974).
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “40; that the APA by its very nature does not apply in the circumstances of this case; that grievance procedures are not “procedures” within AS 44.62.330; that the APA only applies to “adjudicative facts” not to “legislative facts;” and that the statutory framework governing…”
— Alaska Stat. § 44.62.330(b) — 5 cases
Cool Homes, Inc. v. Fairbanks North Star Borough of Equalization, 860 P.2d 1248 (Alaska 1993). “However, the agencies covered by that statute are listed in AS 44.62.330, the opening section of the Administrative Procedure Act.”
Galt v. Stanton, 591 P.2d 960 (Alaska 1979). “" We note that appellee Stanton assumed that the Administrative Procedure Act controls this appeal. It does not. AS 44.62.”
Mobil Oil Corp. v. Local Boundary Comm'n, 518 P.2d 92 (Alaska 1974). “' If these were to be required by the Administrative Procedure Act, the obligation could be expected to have been imposed in the same manner as it has been placed upon other agencies; that is, by listing the Local Boundary Commission among the administrative bodies subjected by…”
Vonder Haar v. State, Dept. of Admin., Div. of Motor Vehs., 349 P.3d 173 (Alaska 2015).
Kila, Inc. v. State, Dep't of Admin., 876 P.2d 1102 (Alaska 1994).
— Alaska Stat. § 44.62.330(d) — 1 case
Frontier Saloon, Inc. v. Alcoholic Beverage Control Bd., 524 P.2d 657 (Alaska 1974).
— Alaska Stat. § 44.62.330(d)(4) — 1 case
Vick v. Bd. of Elec. Examiners, 626 P.2d 90 (Alaska 1981).
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