Alaska Stat. § 44.62.370
Statement of issues
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Sec. 44.62.370. Statement of issues.
(a) A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement of issues. The statement of issues is a written statement specifying
(1) the statute and regulation with which the respondent must show compliance by producing proof at the hearing; and
(2) particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought.
(b) The statement of issues shall be verified unless made by a public officer acting in an official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief.
(c) The statement of issues, together with the form for notice of defense and other information described in AS 44.62.380, shall be delivered to the respondent or sent by certified mail to the latest address on file with the agency, except that if a hearing has already been requested by the respondent,
(1) AS 44.62.380 and 44.62.390 do not apply; and
(2) the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in AS 44.62.420.
(a) A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed is initiated by filing a statement of issues. The statement of issues is a written statement specifying
(1) the statute and regulation with which the respondent must show compliance by producing proof at the hearing; and
(2) particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought.
(b) The statement of issues shall be verified unless made by a public officer acting in an official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief.
(c) The statement of issues, together with the form for notice of defense and other information described in AS 44.62.380, shall be delivered to the respondent or sent by certified mail to the latest address on file with the agency, except that if a hearing has already been requested by the respondent,
(1) AS 44.62.380 and 44.62.390 do not apply; and
(2) the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in AS 44.62.420.
Notes of Decisions
Cited in 5
cases, 1964–2019 · leading case: Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Board
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Board (1979)
“Appellants merely appeared and were heard, informally, in opposition to the application of White Enterprises, Inc.”
Hickel v. Halford (1994)
“A statement of issues, as provided for in AS 44.62.370, anticipates that the respondent “must show compliance, [with a statute or regulation] by producing proof at the hearing,” and must specify “particular matters that have come to the attention of the initiating party and that…”
Fantasies On 5TH Ave., LLC v. State (2019)
“AS 44.62.370(a). See State, Alcoholic Beverage Control Bd.”
McGrath v. University of Alaska (1991)
“AS 44.62.370. From these provisions, the University concludes that the APA only covers hearings which concern rights, authorities, licenses, and privileges, and that this does not include “intra-agency personnel matters.”
Alaska Alcoholic Beverage Control Board v. Malcolm, Inc. (1964)
“2, §§ 5, 6 [AS 44.62.370, 380], 10 . SLA 1959, ch. 143, subch.”
— Alaska Stat. § 44.62.370(a) — 2 cases
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Board (1979)
“Appellants merely appeared and were heard, informally, in opposition to the application of White Enterprises, Inc.”
Fantasies On 5TH Ave., LLC v. State (2019)
“AS 44.62.370(a). See State, Alcoholic Beverage Control Bd.”
— Alaska Stat. § 44.62.370(a)(l)(2) — 1 case
Hickel v. Halford (1994)
“A statement of issues, as provided for in AS 44.62.370, anticipates that the respondent “must show compliance, [with a statute or regulation] by producing proof at the hearing,” and must specify “particular matters that have come to the attention of the initiating party and that…”
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