Alaska Statutes
Alaska Stat. § 44.62.500 (2026)
Decision in a contested case
✓ current as of July 2026
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Sec. 44.62.500. Decision in a contested case.
(a) If a contested case is heard before an agency
(1) the hearing officer who presided at the hearing shall be present during the consideration of the case and, if requested, shall assist and advise the agency; and
(2) a member of the agency who has not heard the evidence may not vote on the decision.
(b) If a contested case is heard by a hearing officer alone, the hearing officer shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be filed by the agency as a public record with the lieutenant governor, and a copy of the proposed decision shall be served by the agency on each party in the case and the party's attorney. Except as otherwise provided in AS 44.64.060(e), for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.
(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned the hearing officer shall prepare a proposed decision as provided in (b) of this section upon the additional evidence and the transcript and other papers that are part of the record of the earlier hearing. A copy of the proposed decision shall be furnished to each party and the party's attorney as prescribed by (b) of this section. The agency may not decide a case provided for in this subsection without giving the parties the opportunity to present either oral or written argument before the agency. If additional oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the additional oral evidence. This subsection does not apply to a hearing conducted by the office of administrative hearings.
(a) If a contested case is heard before an agency
(1) the hearing officer who presided at the hearing shall be present during the consideration of the case and, if requested, shall assist and advise the agency; and
(2) a member of the agency who has not heard the evidence may not vote on the decision.
(b) If a contested case is heard by a hearing officer alone, the hearing officer shall prepare a proposed decision in a form that may be adopted as the decision in the case. A copy of the proposed decision shall be filed by the agency as a public record with the lieutenant governor, and a copy of the proposed decision shall be served by the agency on each party in the case and the party's attorney. Except as otherwise provided in AS 44.64.060(e), for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.
(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional evidence. If the case is so assigned the hearing officer shall prepare a proposed decision as provided in (b) of this section upon the additional evidence and the transcript and other papers that are part of the record of the earlier hearing. A copy of the proposed decision shall be furnished to each party and the party's attorney as prescribed by (b) of this section. The agency may not decide a case provided for in this subsection without giving the parties the opportunity to present either oral or written argument before the agency. If additional oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the additional oral evidence. This subsection does not apply to a hearing conducted by the office of administrative hearings.
Notes of Decisions
Cited in 13
cases, 1972–2015 · leading case: State, Dep't of Com. & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000).
State, Dep't of Com. & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000). “(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional…”
Storrs v. State Med. Bd., 664 P.2d 547 (Alaska 1983). “Storrs are as follows: (1) the combination of statutory and regulatory standards under which his license was- revoked were unconstitutionally vague; 1 (2) the procedures followed by the State Medical Board were improper under AS 44.62.500, the provision in the Administrative…”
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “The Administrative Procedure Act includes rules governing who within an agency may participate in deciding a contested case: If a contested case is heard before an agency (1) the hearing officer who presided at the hearing shall be present during the consideration of the case…”
DeNardo v. State, 740 P.2d 453 (Alaska 1987). “AS 44.62.500(a)(2) provides that a member of an administrative agency subject to this rule who has not heard the evidence in a contested case before the agency may not vote on the decision.”
State, Div. of Corp., Bus. & Prof'l Licensing, Alaska Bd. of Nursing v. Platt, 169 P.3d 595 (Alaska 2007). “060(e), for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.”
Alaska Transp. Comm'n v. Gandia, 602 P.2d 402 (Alaska 1979). “340 forbids the delegation of the hearing power absent express *404 statutory authorization, 2 while AS 44.62.500 requires the hearing officer to prepare a proposed decision and forbids members of the applicable government agency from voting on the decision if they have not…”
Grunert v. State, Com. Fisheries Entry Comm'n, 735 P.2d 118 (Alaska 1987). “See AS 44.62.500(b). The CFEC did not indicate that it was adopting only part of a recommended decision.”
Squires v. Alaska Bd. of Architects, Engineers & Land Surveyors, 205 P.3d 326 (Alaska 2009). “AS 44.62.500(a) provides that "[i]f a contested case is heard before an agency .”
Alaska Police Standards Council v. Parcell, 348 P.3d 882 (Alaska 2015). “AS 44.62.500 allows agencies to adopt hearing officer decisions, but an agency is not required to adopt a hearing officer's decision and "may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same…”
State v. Hebert, 743 P.2d 392 (Alaska Ct. App. 1987). “Compare AS 44.62.500 (decision in contested case) with AS 44.”
Application of Peterson, 499 P.2d 304 (Alaska 1972). “AS 44.62.500(b). 16 . In the future, we would require that the Board have available the transcript of the hearing and allow the applicant to respond to the proposed decision submitted to the Board by the hearing officer.”
Kimble v. State, Dep't of Com. & Econ. Dev., Bd. of Nursing, 928 P.2d 1201 (Alaska 1996). “AS 44.62.500(b) and (c). 3. The judgment of the superior court is AFFIRMED.”
Alaska Stat. § 44.62.500(a): 3 cases
Schmidt v. Beeson Plumbing & Heating, Inc., 869 P.2d 1170 (Alaska 1994). “The Administrative Procedure Act includes rules governing who within an agency may participate in deciding a contested case: If a contested case is heard before an agency (1) the hearing officer who presided at the hearing shall be present during the consideration of the case…”
Storrs v. State Med. Bd., 664 P.2d 547 (Alaska 1983). “Storrs are as follows: (1) the combination of statutory and regulatory standards under which his license was- revoked were unconstitutionally vague; 1 (2) the procedures followed by the State Medical Board were improper under AS 44.62.500, the provision in the Administrative…”
Squires v. Alaska Bd. of Architects, Engineers & Land Surveyors, 205 P.3d 326 (Alaska 2009). “AS 44.62.500(a) provides that "[i]f a contested case is heard before an agency .”
Alaska Stat. § 44.62.500(a)(2): 1 case
DeNardo v. State, 740 P.2d 453 (Alaska 1987). “AS 44.62.500(a)(2) provides that a member of an administrative agency subject to this rule who has not heard the evidence in a contested case before the agency may not vote on the decision.”
Alaska Stat. § 44.62.500(b): 7 cases
State, Dep't of Com. & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000). “(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional…”
Storrs v. State Med. Bd., 664 P.2d 547 (Alaska 1983). “Storrs are as follows: (1) the combination of statutory and regulatory standards under which his license was- revoked were unconstitutionally vague; 1 (2) the procedures followed by the State Medical Board were improper under AS 44.62.500, the provision in the Administrative…”
State, Div. of Corp., Bus. & Prof'l Licensing, Alaska Bd. of Nursing v. Platt, 169 P.3d 595 (Alaska 2007). “060(e), for a hearing conducted by the office of administrative hearings, the agency itself may adopt the proposed decision in its entirety, or may reduce the proposed penalty and adopt the balance of the proposed decision.”
Grunert v. State, Com. Fisheries Entry Comm'n, 735 P.2d 118 (Alaska 1987). “See AS 44.62.500(b). The CFEC did not indicate that it was adopting only part of a recommended decision.”
Application of Peterson, 499 P.2d 304 (Alaska 1972). “AS 44.62.500(b). 16 . In the future, we would require that the Board have available the transcript of the hearing and allow the applicant to respond to the proposed decision submitted to the Board by the hearing officer.”
Alaska Stat. § 44.62.500(c): 2 cases
State, Dep't of Com. & Econ. Dev., Div. of Ins. v. Schnell, 8 P.3d 351 (Alaska 2000). “(c) If the proposed decision is not adopted as provided in (b) of this section the agency may decide the case upon the record, including the transcript, with or without taking additional evidence, or may refer the case to the same or another hearing officer to take additional…”
Storrs v. State Med. Bd., 664 P.2d 547 (Alaska 1983). “Storrs are as follows: (1) the combination of statutory and regulatory standards under which his license was- revoked were unconstitutionally vague; 1 (2) the procedures followed by the State Medical Board were improper under AS 44.62.500, the provision in the Administrative…”
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