Alaska Statutes
Alaska Stat. § 44.62.390 (2026)
Notice of defense
✓ current as of July 2026
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Sec. 44.62.390. Notice of defense.
(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may
(1) request a hearing;
(2) object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed;
(3) object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense;
(4) admit the accusation in whole or in part;
(5) present new matter by way of defense.
(b) Within the time specified the respondent may file one or more notices of defense upon any or all of the grounds set out in (a) of this section but all of the notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice.
(c) The respondent is entitled to a hearing on the merits if the respondent files a notice of defense, and the notice of defense is considered a specific denial of all parts of the accusation not expressly admitted. Failure to file the notice constitutes a waiver of the respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in (a)(3) of this section, all objections to the form of the accusation are waived.
(d) The notice of defense must be in writing, signed by or on behalf of the respondent, and must state the respondent's mailing address. It need not be verified or follow a particular form.
(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may
(1) request a hearing;
(2) object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed;
(3) object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense;
(4) admit the accusation in whole or in part;
(5) present new matter by way of defense.
(b) Within the time specified the respondent may file one or more notices of defense upon any or all of the grounds set out in (a) of this section but all of the notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice.
(c) The respondent is entitled to a hearing on the merits if the respondent files a notice of defense, and the notice of defense is considered a specific denial of all parts of the accusation not expressly admitted. Failure to file the notice constitutes a waiver of the respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in (a)(3) of this section, all objections to the form of the accusation are waived.
(d) The notice of defense must be in writing, signed by or on behalf of the respondent, and must state the respondent's mailing address. It need not be verified or follow a particular form.
Notes of Decisions
Cited in 3
cases, 1964–2019 · leading case: Yost v. State, Div. of Corporations, Bus. & Prof'l Licensing, 234 P.3d 1264 (Alaska 2010).
Yost v. State, Div. of Corporations, Bus. & Prof'l Licensing, 234 P.3d 1264 (Alaska 2010). “AS 44.62.390. 5 . AS 44.62.430-440. 6 . AS 44.”
Fantasies On 5TH Ave., LLC v. State, 446 P.3d 360 (Alaska 2019). “See AS 44.62.390(a) (detailing time limit and substance of what respondent may file in notice of defense, including request for hearing).”
Alaska Alcoholic Beverage Control Bd. v. Malcolm, Inc., 391 P.2d 441 (Alaska 1964). “2, § 7 [AS 44.62.390]. 11 . See Lyons v. Delaware Liquor Comm’n, 5 Terry 304 , 44 Del.”
— Alaska Stat. § 44.62.390(a) — 1 case
Fantasies On 5TH Ave., LLC v. State, 446 P.3d 360 (Alaska 2019). “See AS 44.62.390(a) (detailing time limit and substance of what respondent may file in notice of defense, including request for hearing).”
— Alaska Stat. § 44.62.390(a)(1) — 1 case
Yost v. State, Div. of Corporations, Bus. & Prof'l Licensing, 234 P.3d 1264 (Alaska 2010). “AS 44.62.390. 5 . AS 44.62.430-440. 6 . AS 44.”
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