Section 44.62.380. Service of accusation.

   (a) Upon filing the accusation, the agency
        (1) shall serve a copy of the accusation on the respondent as provided in (c) of this section;
        (2) shall include with the accusation a post card or other form entitled "Notice of Defense" that, when signed by or on behalf of the respondent and returned to the agency, acknowledges service of the accusation and constitutes a notice of defense under AS 44.62.390;
        (3) shall include in or with the copy of the accusation a statement that respondent may request a hearing by filing a notice of defense as provided in AS 44.62.390 within 15 days after the accusation is served on the respondent and that failure to do so constitutes a waiver of the right to a hearing;
        (4) may include with the accusation any information that it considers appropriate.
   (b) The statement to respondent must be substantially in the following form:
Unless a written request for a hearing signed by or on behalf of the person named as respondent in the accompanying accusation is delivered or mailed to the agency within 15 days after the accusation was personally served on you or mailed to you, (here insert name of agency) may proceed upon the accusation without a hearing.  The request for a hearing may be made by delivering or mailing the enclosed form entitled "Notice of Defense," or by delivering or mailing a notice of defense as provided by AS 44.62.390 to: (here insert name and address of agency).
   (c) The accusation and all accompanying information may be sent to the respondent by any means selected by the agency. However, the agency may not make an order adversely affecting the rights of the respondent unless the respondent is served personally or by certified mail, files a notice of defense, or otherwise appears. Service may be proved in the manner authorized in civil actions. Service by certified mail is effective if a statute or agency regulation requires the respondent to file an address with the agency and to notify the agency of a change, and if a certified letter containing the accusation and accompanying material is mailed, addressed to respondent at the latest address on file with the agency.

Authorities

4.11.510;44.62.370

Notes

References

3 AAC 90.085
AS 4.11.510 .510">Sec. 04.11.510. Procedure for action on license applications, suspensions, and revocations.
AS 44.62.370 Statement of issues.

History

(Sec. 6 (ch 2) ch 143 SLA 1959; am Sec. 2 ch 63 SLA 1995)