Alaska Statutes
Alaska Stat. § 44.77.040 (2026)
Hearing and judgment on appeal to department
✓ current as of July 2026
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Sec. 44.77.040. Hearing and judgment on appeal to department.
(a) The Department of Administration, after consulting with the office of administrative hearings (AS 44.64.010), shall fix a time for hearing the appeal and shall notify the claimant and the officer who approved the voucher and give them a reasonable opportunity to be heard. The hearing shall be conducted by the office of administrative hearings.
(b) The department, after the hearing, may affirm, reverse, or modify its original decision. Upon acceptance by the claimant of the decision of the department or if the claimant does not obtain judicial review as set out in (c) of this section, the department shall make a disbursement from the proper appropriation for the sum the department finds due the claimant.
(c) If the claimant does not accept the decision of the Department of Administration, the claimant may obtain judicial review of the decision in accordance with AS 44.62.560 — 44.62.570. A claimant may also bring an action under AS 09.50.250 — 09.50.300 at any time after one year has elapsed since the presentation of the claim under AS 44.77.010, if no decision has been made by the department.
(a) The Department of Administration, after consulting with the office of administrative hearings (AS 44.64.010), shall fix a time for hearing the appeal and shall notify the claimant and the officer who approved the voucher and give them a reasonable opportunity to be heard. The hearing shall be conducted by the office of administrative hearings.
(b) The department, after the hearing, may affirm, reverse, or modify its original decision. Upon acceptance by the claimant of the decision of the department or if the claimant does not obtain judicial review as set out in (c) of this section, the department shall make a disbursement from the proper appropriation for the sum the department finds due the claimant.
(c) If the claimant does not accept the decision of the Department of Administration, the claimant may obtain judicial review of the decision in accordance with AS 44.62.560 — 44.62.570. A claimant may also bring an action under AS 09.50.250 — 09.50.300 at any time after one year has elapsed since the presentation of the claim under AS 44.77.010, if no decision has been made by the department.
Notes of Decisions
Cited in 14
cases, 1971–2008 · leading case: Samissa Anchorage, Inc. v. Dep't of Health & Soc. Servs., 57 P.3d 676 (Alaska 2002).
Samissa Anchorage, Inc. v. Dep't of Health & Soc. Servs., 57 P.3d 676 (Alaska 2002). “In a footnote, the superior court remarked that North Star could not rely on AS 44.77.040. The court correctly noted that: [Alaska Statute 44.”
Adams v. State, 555 P.2d 235 (Alaska 1976). “060 may not bring an action under this section except as set out in AS 44.77.040 (c). However, no action may be brought under this section if the claim.”
State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976). “060 may not bring an action under this section except as set forth in AS 44.77.040(c). Since AS 44.77.040(c) 11 is only applicable after the claimant has pursued an administrative remedy — a course not taken by ZIA —the question presented is whether ZIA should have brought its…”
Indus. Indem. Co. v. State, 669 P.2d 561 (Alaska 1983). “060 may not bring an action under this section except as set out in AS 44.77.040(c). However, no action may be brought under this section if the claim (1) is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the…”
State v. Lundgren Pac. Const. Co., Inc., 603 P.2d 889 (Alaska 1979). “060 may not bring an action under this section except as set out in AS 44.77.040(c). AS 44.77.010-.060 specifies an administrative procedure which must be exhausted before a person can bring a claim against the state.”
State v. Dupere, 709 P.2d 493 (Alaska 1986). “AS 44.77.040(b); AS 09.50.270. The Department of Administration, like the judiciary, cannot intrude upon the legislature’s power to appropriate funds.”
Est. of Himsel v. State, 36 P.3d 35 (Alaska 2001). “However, an action may not be brought under this section if the claim (1) is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid;…”
Danco Expl., Inc. v. State, Dep't of Nat. Resources, 924 P.2d 432 (Alaska 1996). “77 may not bring an action under this section except as set out in AS 44.77.040(c). A person who may bring an action under AS 36.”
State v. Dupere, 721 P.2d 638 (Alaska 1986). “…AS 09.50.250 if he disagreed with the administrative decision and brought suit within thirty days of the decision. AS 44.77.040(c).”
A. R. C. Indus., Inc. v. State, 551 P.2d 951 (Alaska 1976). “However, no action may be brought under this section if the claim (1)is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid; or…”
Quality Asphalt Paving, Inc. v. State, Dep't of Transp. & Pub. Facilities, 71 P.3d 865 (Alaska 2003). “77 may not bring an action under this section except as set out in AS 44.77.040(c). A person who may bring an action under AS 36.”
State v. Alaska State Employees Ass'n, 190 P.3d 720 (Alaska 2008). “77 may not bring an action under this section except as set out in AS 44.77.040(c). A person who may bring an action under AS 36.”
— Alaska Stat. § 44.77.040(b) — 1 case
State v. Dupere, 709 P.2d 493 (Alaska 1986). “AS 44.77.040(b); AS 09.50.270. The Department of Administration, like the judiciary, cannot intrude upon the legislature’s power to appropriate funds.”
— Alaska Stat. § 44.77.040(c) — 13 cases
Samissa Anchorage, Inc. v. Dep't of Health & Soc. Servs., 57 P.3d 676 (Alaska 2002). “In a footnote, the superior court remarked that North Star could not rely on AS 44.77.040. The court correctly noted that: [Alaska Statute 44.”
State v. Zia, Inc., 556 P.2d 1257 (Alaska 1976). “060 may not bring an action under this section except as set forth in AS 44.77.040(c). Since AS 44.77.040(c) 11 is only applicable after the claimant has pursued an administrative remedy — a course not taken by ZIA —the question presented is whether ZIA should have brought its…”
Indus. Indem. Co. v. State, 669 P.2d 561 (Alaska 1983). “060 may not bring an action under this section except as set out in AS 44.77.040(c). However, no action may be brought under this section if the claim (1) is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the…”
State v. Lundgren Pac. Const. Co., Inc., 603 P.2d 889 (Alaska 1979). “060 may not bring an action under this section except as set out in AS 44.77.040(c). AS 44.77.010-.060 specifies an administrative procedure which must be exhausted before a person can bring a claim against the state.”
State v. Dupere, 709 P.2d 493 (Alaska 1986). “AS 44.77.040(b); AS 09.50.270. The Department of Administration, like the judiciary, cannot intrude upon the legislature’s power to appropriate funds.”
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