Alaska Stat. § 44.62.560

Judicial review

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Sec. 44.62.560. Judicial review.
(a) Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this section, the notice of appeal shall be filed within 30 days after the last day on which reconsideration can be ordered, and served on each party to the proceeding. The right to appeal is not affected by the failure to seek reconsideration before the agency.

(b) The complete record of the proceedings, or the parts of it which the appellant designates, shall be prepared by the agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost.

(c) The complete record includes
     (1) the pleadings;

     (2) all notices and orders issued by the agency;

     (3) the proposed decision by a hearing officer;

     (4) the final decision;

     (5) a transcript of all testimony and proceedings;

     (6) the exhibits admitted or rejected;

     (7) the written evidence; and

     (8) all other documents in the case.

(d) Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall be followed where this chapter is silent, and when not in conflict with this chapter.

(e) The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an agency proceeding. If agency action is unlawfully withheld or unreasonably withheld, the superior court may compel the agency to initiate action.

Notes of Decisions

Cited in 72 cases (6 in the last 5 years), 1966–2025 · leading case: Moore v. State

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Moore v. State (1976) alaska · cites it 9× “In his memorandum of decision, the trial judge noted that he did not believe that plaintiffs' claims were time barred by either AS 44.62.560 or Rule 45 of the Rules of Appellate Procedure as defendants claimed, since he did not find they applied to the facts of this case.”

Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Board (1979) alaska · cites it 20× “The State's position is that, since appellants did not invoke the procedures for a formal hearing under the Administrative Procedure Act (APA), AS 44.”

Alaska Department of Environmental Conservation v. Environmental Protection Agency (2004) scotus · cites it 2× “Post, at 509-512; Alaska Stat. § 44.62.560 (2002). And EPA actions, of course, are subject to "the process of judicial review," post, at 503, Congress empowered federal courts to provide, here in 42 U.”

Owsichek v. State, Guide Licensing & Control Board (1981) alaska · cites it 8× “While AS 44.62.560 on its face gave Owsichek sixty days within which to file an appeal, [8] former Appellate Rule 45(i) stated, "These rules shall supersede all other procedural methods specified in Alaska statutes for appeals from administrative agencies to the courts of Alaska.”

State, Department of Fish & Game, Sport Fish Division v. Meyer (1995) alaska · cites it 6× “” As AS 44.62.560(e) confirms, the legislature imposed no such prerequisite for judicial review if agency action is “unlawfully withheld or unreasonably withheld.”

Alaska Public Interest Research Group v. State (2007) alaska · cites it 2× “129(a), AS 44.62.560(a). The administrative adjudication procedures of the Administrative Procedure Act do not apply to the Appeals Commission.”

United States v. RCA Alaska Communications, Inc. (1979) alaska · cites it 4× “Petitioners also have advanced the contention that the superior court improperly considered RCAA's complaint for injunctive relief as an action separate from an appeal of an administrative agency's order pursuant to Appellate Rule 45 and AS 44.”

Jerrel v. Kenai Peninsula Borough School District (1977) alaska · cites it 4× “On September 30, the School District filed its answer, denying most of the allegations of the complaint and asserting three defenses, including a defense that the action was barred by AS 44.62.560(a) [4] and Appellate Rule 45(a)(2).”

Yost v. State, Division of Corporations, Business & Professional Licensing (2010) alaska · cites it 3× “AS 44.62.560; AS 22.05.010(c). 7 . The record cites both 3:30 PM and 4:30 PM as the anticipated time the Board would discuss the Dr.”

Crawford & Co. v. Baker-Withrow (2003) alaska · cites it 4× “125 has occurredand such a finding often provides the foundation for an investigation and ultimate [decision].”

Alyeska Ski Corporation v. Holdsworth (1967) alaska · cites it 4× “See AS 44.62.560 and AS 44.62.570. 23 . Dist.”

Union Oil Co. of California v. State, Department of Natural Resources (1974) alaska · cites it 7× “Under AS 44.62.560, the notice of appeal should have been filed with the Superior Court within 30 days after the last day on which reconsideration can be ordered, or not later than March 27, 1966.”

Show all 72 citing cases →

— Alaska Stat. § 44.62.560(a) — 30 cases

Moore v. State (1976) alaska “In his memorandum of decision, the trial judge noted that he did not believe that plaintiffs' claims were time barred by either AS 44.62.560 or Rule 45 of the Rules of Appellate Procedure as defendants claimed, since he did not find they applied to the facts of this case.”

Owsichek v. State, Guide Licensing & Control Board (1981) alaska “While AS 44.62.560 on its face gave Owsichek sixty days within which to file an appeal, [8] former Appellate Rule 45(i) stated, "These rules shall supersede all other procedural methods specified in Alaska statutes for appeals from administrative agencies to the courts of Alaska.”

Alaska Public Interest Research Group v. State (2007) alaska “129(a), AS 44.62.560(a). The administrative adjudication procedures of the Administrative Procedure Act do not apply to the Appeals Commission.”

Jerrel v. Kenai Peninsula Borough School District (1977) alaska “On September 30, the School District filed its answer, denying most of the allegations of the complaint and asserting three defenses, including a defense that the action was barred by AS 44.62.560(a) [4] and Appellate Rule 45(a)(2).”

Crawford & Co. v. Baker-Withrow (2003) alaska “125 has occurredand such a finding often provides the foundation for an investigation and ultimate [decision].”

— Alaska Stat. § 44.62.560(b) — 2 cases

Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control Board (1979) alaska “The State's position is that, since appellants did not invoke the procedures for a formal hearing under the Administrative Procedure Act (APA), AS 44.”

Johnny Brandon Lee Johnson v. State of Alaska, Department of Corrections, Johnny Brandon Lee Johnson v. State of Alaska (2012) alaska

— Alaska Stat. § 44.62.560(c) — 2 cases

Anderson v. State, Department of Revenue (2001) alaska

Alaska Public Utilities Commission v. Chugach Electric Ass'n (1978) alaska

— Alaska Stat. § 44.62.560(d) — 1 case

Jager v. State (1975) alaska

— Alaska Stat. § 44.62.560(e) — 10 cases

State, Department of Fish & Game, Sport Fish Division v. Meyer (1995) alaska “” As AS 44.62.560(e) confirms, the legislature imposed no such prerequisite for judicial review if agency action is “unlawfully withheld or unreasonably withheld.”

United States v. RCA Alaska Communications, Inc. (1979) alaska “Petitioners also have advanced the contention that the superior court improperly considered RCAA's complaint for injunctive relief as an action separate from an appeal of an administrative agency's order pursuant to Appellate Rule 45 and AS 44.”

Owsichek v. State, Guide Licensing & Control Board (1981) alaska “While AS 44.62.560 on its face gave Owsichek sixty days within which to file an appeal, [8] former Appellate Rule 45(i) stated, "These rules shall supersede all other procedural methods specified in Alaska statutes for appeals from administrative agencies to the courts of Alaska.”

Schnabel v. State (1983) alaskactapp

RBG Bush Planes, LLC v. Kirk (2015) alaska

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