Alaska Statutes

Alaska Stat. § 44.62.360 (2026)

Accusation

✓ current as of July 2026
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Sec. 44.62.360. Accusation.
A hearing to determine whether a right, authority, license, or privilege should be revoked, suspended, limited, or conditioned is initiated by filing an accusation. The accusation must
     (1) be a written statement of charges setting out in ordinary and concise language the acts or omissions with which the respondent is charged, so that the respondent is able to prepare a defense;

     (2) specify the statute and regulation that the respondent is alleged to have violated, but may not consist merely of charges phrased in the language of the statute and regulation; and

     (3) be verified, unless made by a public officer acting in an official capacity or by an employee of the agency on whose behalf the proceeding is to be held; the verification may be on information and belief.




Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1981–2024 · leading case: Hickel v. Halford, 872 P.2d 171 (Alaska 1994).
Hickel v. Halford, 872 P.2d 171 (Alaska 1994). · cites it 6× “A document reflecting the fact of the dispute which serves a function similar to that of a complaint in a civil action, or an accusation or statement of issues under the Administrative Procedure Act, AS 44.62.360, 870, must be served by one party on the other party.”
Vick v. Bd. of Elec. Examiners, 626 P.2d 90 (Alaska 1981). · cites it 4× “170, AS 44.62.360. In December of 1976, Ken Williamson applied for an electrical administrator’s license.”
Laidlaw Transit, Inc. v. Anchorage Sch. Dist., 118 P.3d 1018 (Alaska 2005). “A document reflecting the fact of the dispute which serves a function similar to that of a complaint in a civil action, or an accusation or statement of issues under the Administrative Procedure Act, AS 44.62.360, 370, must be served by one party on the other party.”
Sisters of Providence in Washington, Inc. v. Dep't of Health & Soc. Servs., 648 P.2d 970 (Alaska 1982). “081(a) provides: The office, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing to obtain modification, suspension or revocation of an existing certificate of…”
Odom v. State, Div. of Corporations, Bus. & Prof'l Licensing, 421 P.3d 1 (Alaska 2018). “23 The Administrative Procedure Act provides that "if an accusation has been filed under AS 44.62.360" (to determine whether a license "should be revoked, suspended, limited, or conditioned"), the accusing authority "has the burden of proof by a preponderance of the evidence"…”
Fuhs v. Gilbertson, 186 P.3d 551 (Alaska 2008). “certificate of need may initiate a hearing to obtain modification, suspension, or revocation of an existing certificate of need by filing an accusation with the commissioner as prescribed under AS 44.62.360. (Emphasis added.) 7 . AS 18.”
McGrath v. Univ. of Alaska, 813 P.2d 1370 (Alaska 1991). “AS 44.62.360. It similarly informs as to how a hearing “to determine whether a right, authority, license or privilege should be granted, issued or renewed” is initiated.”
Seth Lookhart, DMD v. State of Alaska, Bd. of Dental Examiners, 548 P.3d 1094 (Alaska 2024). “6 See AS 44.62.360. 7 AS 08.01.075(f) obligates licensing boards to “seek consistency in the application of disciplinary sanctions” and “explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.”
Alaska Spine Inst. Surgery Ctr., LLC v. State, Dep't of Health & Soc. Servs., 266 P.3d 1043 (Alaska 2011). “081(a) provides in relevant part that [the department, a member of the public who is substantially affected by activities authorized by the certificate, or another applicant for a certificate of need may initiate a hearing to obtain modification, suspension, or revocation of an…”
Rollins v. State, Dept. of Pub. Saf., Alcoholic Beverage Control Bd., 312 P.3d 1090 (Alaska 2013). “460(e) now provides: Unless a different standard of proof is stated in applicable law, the (1) petitioner has the burden of proof by a preponderance of the evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a right, authority, license, or privilege…”
— Alaska Stat. § 44.62.360(1) — 1 case
Hickel v. Halford, 872 P.2d 171 (Alaska 1994). “A document reflecting the fact of the dispute which serves a function similar to that of a complaint in a civil action, or an accusation or statement of issues under the Administrative Procedure Act, AS 44.62.360, 870, must be served by one party on the other party.”
— Alaska Stat. § 44.62.360(3) — 1 case
Vick v. Bd. of Elec. Examiners, 626 P.2d 90 (Alaska 1981). “170, AS 44.62.360. In December of 1976, Ken Williamson applied for an electrical administrator’s license.”
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