Alaska Statutes
Alaska Stat. § 44.62.450 (2026)
Hearings
✓ current as of July 2026
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Sec. 44.62.450. Hearings.
(a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of administrative hearings (AS 44.64.010), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the case with the hearing officer.
(b) If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law. The agency shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
(c) A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the hearing officer or agency member cannot accord a fair and impartial hearing or consideration. A party may request the disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. If the request concerns an agency member the issue shall be determined by the other members of the agency. If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case with the hearing officer, and by the hearing officer when the officer hears the case alone. An agency member may not withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to act in the particular case.
(d) The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of assuring an accurate record.
(a) A hearing in a contested case shall be presided over by a hearing officer. Unless the hearing is conducted by the office of administrative hearings (AS 44.64.010), the agency itself shall determine whether the hearing officer hears the case alone or whether the agency hears the case with the hearing officer.
(b) If the agency hears the case the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the agency on matters of law. The agency shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all of these other powers to the hearing officer. If the hearing officer hears a case alone, the hearing officer shall exercise all powers relating to the conduct of the hearing.
(c) A hearing officer or agency member shall voluntarily seek disqualification and withdraw from a case in which the hearing officer or agency member cannot accord a fair and impartial hearing or consideration. A party may request the disqualification of a hearing officer or agency member by filing an affidavit, before the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. If the request concerns an agency member the issue shall be determined by the other members of the agency. If the request concerns the hearing officer, the issue shall be determined by the agency when the agency hears the case with the hearing officer, and by the hearing officer when the officer hears the case alone. An agency member may not withdraw voluntarily or be disqualified if the disqualification would prevent the existence of a quorum qualified to act in the particular case.
(d) The proceedings at the hearing shall be reported by a phonographic reporter or recorder, or other adequate means of assuring an accurate record.
Notes of Decisions
Cited in 5
cases, 1975–2015 · leading case: RBG Bush Planes, LLC v. Kirk, 340 P.3d 1056 (Alaska 2015).
RBG Bush Planes, LLC v. Kirk, 340 P.3d 1056 (Alaska 2015). “Finally, the disqualification procedure outlined in AS 44.62.450(c) represents an administrative remedy to Dauphinais's allegedly biased conduct.”
At & T ALASCOM v. Orchitt, 161 P.3d 1232 (Alaska 2007). “It also asserts that the hearing officer should have disqualified himself under AS 44.62.450(c), one of the provisions of the Alaska Administrative Procedure Act.”
Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Bd., 602 P.2d 434 (Alaska 1979). “Nevertheless, the failure of the Board to comply with the requirements of the APA can have no effect on appellants' right to seek the appellate review clearly authorized by AS 44.”
McGinnis v. Stevens, 543 P.2d 1221 (Alaska 1975). “AS 44.62.450; AS 44.-62.570(b) (2). 15 . See In re Cornelius, 520 P.”
Stein v. Kelso, 846 P.2d 123 (Alaska 1993). “See AS 44.62.450; AS 44.62.630. The deciding officer’s functions and responsibilities are analogous to those of a trial judge, and the deciding officer’s decisions to admit or exclude evidence are, therefore, reviewable for an abuse of discretion.”
— Alaska Stat. § 44.62.450(c) — 2 cases
RBG Bush Planes, LLC v. Kirk, 340 P.3d 1056 (Alaska 2015). “Finally, the disqualification procedure outlined in AS 44.62.450(c) represents an administrative remedy to Dauphinais's allegedly biased conduct.”
At & T ALASCOM v. Orchitt, 161 P.3d 1232 (Alaska 2007). “It also asserts that the hearing officer should have disqualified himself under AS 44.62.450(c), one of the provisions of the Alaska Administrative Procedure Act.”
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