Alaska Statutes

Alaska Stat. § 44.62.540 (2026)

Reconsideration

✓ current as of July 2026

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Sec. 44.62.540. Reconsideration.
(a) The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party. To be considered by the agency, a petition for reconsideration must be filed with the agency within 15 days after delivery or mailing of the decision. The power to order a reconsideration expires 30 days after the delivery or mailing of a decision to the respondent. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition is considered denied.

(b) The case may be reconsidered by the agency on all the pertinent parts of the record and the additional evidence and argument that are permitted, or may be assigned to a hearing officer. A reconsideration assigned to a hearing officer is subject to the procedure provided in AS 44.62.500. If oral evidence is introduced before the agency, an agency member may not vote unless that member has heard the evidence.

Notes of Decisions

Cited in 16 cases, 1969–2019 · leading case: Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974).

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Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974). · cites it 13× “The problem raised by the court was whether Union’s appeal to it was timely under AS 44.62.540. 6 Union’s first petition for judicial review was filed November 2, 1970, nearly four years after the Director’s January 26, 1966, denial of discovery royalty certification.”

George Easley Co. v. Est. of Lindekugel, 117 P.3d 734 (Alaska 2005). · cites it 3× “The party may raise the issue in a pleading, 35 petition for review of all or part of the case within the time limits set forth in AS 44.62.540, 36 or, in the case of a factual mistake or a change in conditions, it may ask the board to exercise its discretion to modify the award…”

Anderson v. State, Com. Fisheries Entry Comm'n, 654 P.2d 1320 (Alaska 1982). · cites it 2× “AS 44.62.540, which provides for reconsideration in administrative agencies generally, is not applicable to CFEC proceedings.”

Jeffries v. Glacier State Tel. Co., 604 P.2d 4 (Alaska 1979). “See AS 44.62.540(a). 11 . The superior court and the parties use the term res judicata in a broad sense to include the doctrines of merger, bar, collateral estop-pel, and direct estoppel.”

DeNardo v. State, 740 P.2d 453 (Alaska 1987). “AS 44.62.540. A party’s failure to seek agency reconsideration does not affect his right to appeal to the superior court, AS 44.”

Studley v. Alaska Pub. Offices Comm'n, 389 P.3d 18 (Alaska 2017). “620(4), stating that real estate licensees may "not disclos[e] confidential information from or about the represented person without written consent, except under a subpoena or another court order, even after termination of the licensee's relationship with the represented…”

Owsichek v. State, Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981). “AS 44.62.540(a) states in part: The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party.”

Amerada Hess Pipeline Corp. v. Alaska Pub. Utils. Comm'n, 711 P.2d 1170 (Alaska 1986). “AS 44.62.540. AS 44.62.560, made applicable by AS 42.”

Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969). “Concerning the power of the agency to reconsider a particular case, it is provided in AS 44.62.540(a) that: The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party.”

Wendte v. State, Bd. of Real Est. Appraisers, 70 P.3d 1089 (Alaska 2003). “It is not clear from the record whether the board formally denied Wendte's request for a stay of his suspension.”

State, Dep't of Health & Soc. Servs. v. North Star Hosp., 280 P.3d 575 (Alaska 2012). · cites it 2× “Proceedings North Star appealed the Office of Rate Review's decision to the Commissioner of the Department of Health and Social Services pursuant to AS 44.62.540. 7 Larry Pederson was appointed as the hearing officer for DHSS.”

Application of Peterson, 499 P.2d 304 (Alaska 1972). “Peterson then petitioned the Board for reconsideration under the Alaska Administrative Procedure Act, AS 44.62.540. His request was denied. In renewing his application before this court, Peterson questions the adequacy of the hearing afforded him by the Alaska Bar Association.”

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— Alaska Stat. § 44.62.540(a) — 9 cases

Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974). “The problem raised by the court was whether Union’s appeal to it was timely under AS 44.62.540. 6 Union’s first petition for judicial review was filed November 2, 1970, nearly four years after the Director’s January 26, 1966, denial of discovery royalty certification.”

Jeffries v. Glacier State Tel. Co., 604 P.2d 4 (Alaska 1979). “See AS 44.62.540(a). 11 . The superior court and the parties use the term res judicata in a broad sense to include the doctrines of merger, bar, collateral estop-pel, and direct estoppel.”

Owsichek v. State, Guide Licensing & Control Bd., 627 P.2d 616 (Alaska 1981). “AS 44.62.540(a) states in part: The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party.”

George Easley Co. v. Est. of Lindekugel, 117 P.3d 734 (Alaska 2005). “The party may raise the issue in a pleading, 35 petition for review of all or part of the case within the time limits set forth in AS 44.62.540, 36 or, in the case of a factual mistake or a change in conditions, it may ask the board to exercise its discretion to modify the award…”

Pan Am. Petroleum Corp. v. Shell Oil Co., 455 P.2d 12 (Alaska 1969). “Concerning the power of the agency to reconsider a particular case, it is provided in AS 44.62.540(a) that: The agency may order a reconsideration of all or part of the case on its own motion or on petition of a party.”

— Alaska Stat. § 44.62.540(b) — 1 case

Union Oil Co. of California v. State, Dep't of Nat. Resources, 526 P.2d 1357 (Alaska 1974). “The problem raised by the court was whether Union’s appeal to it was timely under AS 44.62.540. 6 Union’s first petition for judicial review was filed November 2, 1970, nearly four years after the Director’s January 26, 1966, denial of discovery royalty certification.”

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