Section 44.62.330. Application of AS 44.62.330 - 44.62.630.

   (a) The procedure of the state boards, commissions, and officers listed in this subsection or of their successors by reorganization under the constitution shall be conducted under AS 44.62.330 - 44.62.630. This procedure, including accusations and statements of issues, service, notice and time and place of hearing, subpoenas, depositions, matters concerning evidence and decisions, conduct of hearing, judicial review and scope of judicial review, continuances, reconsideration, reinstatement or reduction of penalty, contempt, mail vote, oaths, impartiality, and similar matters shall be governed by this chapter, notwithstanding similar provisions in the statutes dealing with the state boards, commissions, and officers listed. Where indicated, the procedure that shall be conducted under AS 44.62.330 - 44.62.630 is limited to named functions of the agency.
        (1) Board of Chiropractic Examiners;
        (2) Board of Dental Examiners;
        (3) State Board of Registration for Architects, Engineers, and Land Surveyors;
        (4) Board of Examiners in Optometry;
        (5) State Medical Board;
        (6) Division of Lands under Alaska Land Act where applicable;
        (7) Board of Nursing functions, except those related to findings of abuse, neglect, or misappropriation of property contained in the registry of certified nurse aides under AS 08.68.333;
        (8) Board of Pharmacy;
        (9) Board of Public Accountancy;
        (10) Department of Labor and Workforce Development as to functions relating to employment security only as provided in (c) of this section;
        (11) Real Estate Commission;
        (12) Alaska Workers' Compensation Board, where procedures are not otherwise expressly provided by the Alaska Workers' Compensation Act;
        (13) Department of Transportation and Public Facilities, as to functions relating to aeronautics and communications;
        (14) Department of Public Safety, as to suspension or revocation of a security guard's license under AS 18.65.400 - 18.65.490;
        (15) Department of Health and Social Services and Department of Environmental Conservation under AS 17.20 (Alaska Food, Drug, and Cosmetic Act), and Department of Commerce, Community, and Economic Development in connection with the licensing of embalmers and funeral directors under AS 08.42;
        (16) Department of Environmental Conservation, under AS 18.35.010 - 18.35.090, concerning the regulation of tourist and trailer camps, motor courts, and motels;
        (17) Board of Marine Pilots;
        (18) Alaska Police Standards Council;
        (19) Big Game Commercial Services Board;
        (20) Alaska Public Offices Commission;
        (21) Board of Fisheries;
        (22) Board of Game;
        (23) Department of Education and Early Development and Professional Teaching Practices Commission with regard to proceedings to revoke or suspend a teacher's certificate under AS 14.20.030 - 14.20.040 and AS 14.20.470(a)(4);
        (24) Alaska Commission on Postsecondary Education under AS 14.48 as to denial of applications and revocation of authorizations and permits;
        (25) Department of Environmental Conservation, except to the extent that AS 44.62.360 - 44.62.400 are inconsistent with the manner in which proceedings are initiated under the provisions of AS 46.03 and AS 46.14;
        (26) Board of Psychologist and Psychological Associate Examiners;
        (27) Department of Fish and Game as to functions relating to the protection of fish and game under AS 16.05.871;
        (28) Board of Veterinary Examiners;
        (29) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of nursing home administrators;
        (30) Board of Barbers and Hairdressers;
        (31) Department of Natural Resources concerning the Alaska grain reserve program under former AS 03.12;
        (32) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of audiologists and speech-language pathologists under AS 08.11;
        (33) Department of Commerce, Community, and Economic Development concerning the licensing and regulation of hearing aid dealers under AS 08.55;
        (34) Board of Certified Real Estate Appraisers;
        (35) Department of Labor and Workforce Development as to functions related to employment rights of the organized militia under AS 26.05.075;
        (36) Board of Certified Direct-Entry Midwives;
        (37) Board of Marital and Family Therapy;
        (38) Department of Revenue for administrative review of actions taken under AS 43.50 relating to a tobacco product manufacturer's compliance with statutory requirements regarding cigarette sales;
        (39) Department of Commerce, Community, and Economic Development as to the licensing and regulation of private professional guardians and conservators under AS 08.26;
        (40) Department of Commerce, Community, and Economic Development relating to the licensing and regulation of persons making deferred deposit advances under AS 06.50;
        (41) Department of Health and Social Services relating to the centralized registry under AS 47.05.330 - 47.05.390;
        (42) State Commission for Human Rights, where procedures are not otherwise expressly provided in AS 18.80;
        (43) Alaska Retirement Management Board for administration of pension forfeitures under AS 37.10.310;
        (44) Department of Commerce, Community, and Economic Development relating to mortgage lending under AS 06.60;
        (45) Board of Massage Therapists;
        (46) Marijuana Control Board.
   (b) The procedure of an agency not listed in (a) of this section shall be conducted under AS 44.62.330 - 44.62.630 only as to those functions to which AS 44.62.330 - 44.62.630 are made applicable by the statutes relating to that agency.
   (c) Judicial review and scope of judicial review of all final decisions of the commissioner of labor and workforce development on an appeal relating to employment security shall be in accord with this chapter notwithstanding anything to the contrary in AS 23.20 (Alaska Employment Security Act).  All other procedures of the Department of Labor and Workforce Development relating to employment security shall be as provided in AS 23.20 and the regulations under AS 23.20.
   (d) Except in a case of reinstatement or reduction of penalty, the provisions of this chapter do not affect statutory provisions concerning
        (1) civil or criminal penalties;
        (2) additional relief by injunction or restraining order;
        (3) penalty provisions relating to suspension, revocation, reissuance, and other similar matters of licenses, permits, leases, concessions, and other similar matters;
        (4) related matters that in their context do not relate to procedure.

Authorities

44.62.330; 4.11.510; 6.01.030; 6.50.090; 8.68.333;14.11.016;14.40.155;16.05.871;18.07.081;18.20.330;18.60.440;18.80.120;23.15.180;25.27.244;25.27.246;26.05.075;31.05.060;43.23.066;43.23.067;43.23.068;43.23.072;43.23.073;43.50.490;44.62.305;44.62.340;44.62.610;44.62.620;44.62.640;44.62.010;45.30.040;46.03.880;46.04.890;46.15.175;47.05.055;47.07.075;47.27.080;47.30.011;47.32.150

Notes

Recent Bills that will modify this

HB 9 PRIVATE INVESTIGATORS/AGENCIES
HB 123 ESTABLISH MARIJUANA CONTROL BOARD
HB 227 MEDICAL ASSISTANCE REFORM
HB 270 DHSS CENT. REGISTRY; LICNSE;BCKGROUND CHK
SB 35 2015 REVISOR'S BILL
SB 115 PUBLIC INTEGRITY COMMISSION OF ALASKA
SB 151 DHSS CENT. REGISTRY; LICNSE;BCKGROUND CHK

References

11 AAC 97.630
12 AAC 44.040
12 AAC 44.830
12 AAC 44.862
12 AAC 44.865
12 AAC 44.870
17 AAC 42.710
18 AAC 15.195
18 AAC 31.940
18 AAC 32.910
2 AAC 50.891
3 AAC 306.070
3 AAC 306.090
3 AAC 306.820
3 AAC 306.835
4 AAC 06.560
4 AAC 27.235
4 AAC 27.240
5 AAC 95.920
5 AAC 95.930
7 AAC 07.082
7 AAC 10.955
7 AAC 70.030
7 AAC 70.160
7 AAC 70.900
8 AAC 45.174
8 AAC 70.075
8 AAC 78.180
8 AAC 78.340
8 AAC 90.190
8 AAC 97.340
8 AAC 98.480
AS 4.11.510 .510">Sec. 04.11.510. Procedure for action on license applications, suspensions, and revocations.
AS 6.01.030 .030">Sec. 06.01.030. Orders and injunctions; notice and hearings.
AS 6.50.090 .090">Sec. 06.50.090. Denial of license or renewal.
AS 8.68.333 .333">Sec. 08.68.333. Registry of certified nurse aides.
AS 14.11.016 Administrative and judicial review.
AS 14.40.155 Suspension and removal of regents.
AS 16.05.871 Protection of fish and game.
AS 18.07.081 Proceedings for modification, suspension, and revocation.
AS 18.20.330 Appeal; hearing.
AS 18.60.440 Review.
AS 18.80.120 Hearing.
AS 23.15.180 Hearings.
AS 25.27.244 Adverse action against delinquent obligor's occupational license.
AS 25.27.246 Adverse action against delinquent obligor's driver's license.
AS 26.05.075 Leave and reemployment rights of the organized militia.
AS 31.05.060 Action by commission.
AS 43.23.066 Claims on reimbursement for court-ordered treatment.
AS 43.23.067 Claims of defaulted education loans.
AS 43.23.068 Claims on defaulted public assistance overpayment.
AS 43.23.072 Claims for amounts owed under the Alaska Employment Security Act.
AS 43.23.073 Claims of the University of Alaska.
AS 43.50.490 Miscellaneous provisions.
AS 44.62.305 Judicial relief in administrative matters.
AS 44.62.330
AS 44.62.330 Application of AS 44.62.330 - 44.62.630.
AS 44.62.340 Delegation of power by agencies.
AS 44.62.610 Charge.
AS 44.62.620 Power to administer oaths.
AS 44.62.640 Definitions for AS 44.62.010 - 44.62.630.
AS 45.30.040 Enforcement of compliance.
AS 46.03.880 Applicability of the Administrative Procedure Act.
AS 46.04.890 Applicability of Administrative Procedure Act.
AS 46.15.175 Termination of permit for violation.
AS 47.05.055 Certified nurse aides.
AS 47.07.075 Administrative procedure.
AS 47.27.080 Appeals; dispute resolution.
AS 47.30.011 Alaska Mental Health Trust Authority.
AS 47.32.150 Hearings.

History

(Sec. 2 (ch 2) ch 143 SLA 1959; am Sec. 14 ch 2 SLA 1964; am Sec. 60 ch 98 SLA 1966; am Sec. 2 ch 120 SLA 1966; am Sec. 1 ch 58 SLA 1967; am Sec. 18 ch 143 SLA 1968; am Sec. 2 ch 83 SLA 1969; am Sec. 2 ch 118 SLA 1969; am Sec. 3, 4 ch 106 SLA 1970; am Sec. 6 ch 104 SLA 1971; am Sec. 4 ch 120 SLA 1971; am Sec. 2 ch 178 SLA 1972; am Sec. 5 ch 179 SLA 1972; am Sec. 2 ch 17 SLA 1973; am Sec. 3 ch 45 SLA 1973; am Sec. 2 ch 82 SLA 1973; am Sec. 2 ch 7 FSSLA 1973; am Sec. 5 ch 76 SLA 1974; am Sec. 2 ch 128 SLA 1974; am Sec. 6 ch 9 SLA 1975; am Sec. 25 ch 25 SLA 1975; am Sec. 39, 40 ch 206 SLA 1975; am Sec. 4 ch 25 SLA 1976; am Sec. 2 ch 59 SLA 1976; am Sec. 11 ch 181 SLA 1976; am Sec. 13, 106 ch 218 SLA 1976; am Sec. 18 ch 220 SLA 1976; am Sec. 9 ch 46 SLA 1977; am Sec. 3 ch 140 SLA 1977; am Sec. 54 ch 169 SLA 1978; am Sec. 10 ch 59 SLA 1979; am Sec. 23 ch 58 SLA 1980; am Sec. 3 ch 84 SLA 1980; am Sec. 49, 60 ch 94 SLA 1980; am Sec. 15 ch 130 SLA 1980; am Sec. 12 ch 131 SLA 1980; am Sec. 15 ch 141 SLA 1980; am Sec. 4, 5 ch 159 SLA 1980; am Sec. 20 ch 110 SLA 1981; am E.O. No. 51, Sec. 38, 39 (1981); am Sec. 16 ch 82 SLA 1982; am Sec. 2 ch 100 SLA 1983; am Sec. 124 ch 6 SLA 1984; am Sec. 11 ch 131 SLA 1986; am Sec. 77 ch 14 SLA 1987; am Sec. 12 ch 37 SLA 1989; am Sec. 3 ch 77 SLA 1990; am Sec. 4 ch 177 SLA 1990; am Sec. 8 ch 129 SLA 1992; am Sec. 7 ch 130 SLA 1992; am Sec. 1 ch 30 SLA 1993; am Sec. 14 ch 74 SLA 1993; am Sec. 9 ch 124 SLA 1994; am Sec. 7 ch 130 SLA 1994; am Sec. 11 ch 91 SLA 1995; am Sec. 12 ch 33 SLA 1996; am Sec. 7 ch 2 SLA 1998; am Sec. 65 ch 58 SLA 1999; am Sec. 21 ch 42 SLA 2000; am Sec. 3 ch 103 SLA 2003; am E.O. No. 107, Sec. 41 (2003); am E.O. No. 108, Sec. 7, 8 (2003); am Sec. 30 ch 84 SLA 2004; am Sec. 4 ch 116 SLA 2004; am Sec. 15, 47 ch 57 SLA 2005; am Sec. 42 ch 84 SLA 2005; am Sec. 13 ch 63 SLA 2006; am Sec. 73 ch 47 SLA 2007; am Sec. 6 ch 50 SLA 2007; am Sec. 4 ch 19 SLA 2008; am E.O. No. 114 Sec. 36 (2008); am Sec. 8 ch 114 SLA 2014; am Sec. 8 ch 4 SLA 2015; am Sec. 35 ch 22 SLA 2015)