Section 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.

Authorities

4.11.560; 6.01.030; 6.20.060; 6.26.910; 8.13.195; 8.48.295; 8.88.167;14.11.016;14.20.040;14.30.193;16.20.034;16.43.120;16.43.960;18.65.700;18.65.740;18.80.135;23.30.129;26.30.030;29.45.030;29.65.050;38.05.065;41.17.143;42.05.551;42.06.480;42.08.530;43.05.480;43.23.015;44.77.040;46.03.820;46.15.185;47.30.021

Notes

References

11 AAC 83.257
11 AAC 86.787
11 AAC 99.060
17 AAC 35.080
18 AAC 15.300
2 AAC 50.292
2 AAC 50.826
2 AAC 50.831
2 AAC 50.860
3 AAC 135.110
3 AAC 306.095
3 AAC 306.845
3 AAC 49.060
4 AAC 12.430
4 AAC 58.250
6 AAC 30.480
AS 4.11.560 .560">Sec. 04.11.560. Appeals.
AS 6.01.030 .030">Sec. 06.01.030. Orders and injunctions; notice and hearings.
AS 6.20.060 .060">Sec. 06.20.060. Issuance of license.
AS 6.26.910 .910">Sec. 06.26.910. Appeals.
AS 8.13.195 .195">Sec. 08.13.195. Civil penalty.
AS 8.48.295 .295">Sec. 08.48.295. Civil penalty for unregistered or unauthorized practice.
AS 8.88.167 .167">Sec. 08.88.167. Civil penalty for unlicensed or unauthorized practice.
AS 14.11.016 Administrative and judicial review.
AS 14.20.040 Applicability of the Administrative Procedure Act.
AS 14.30.193 Due process hearing.
AS 16.20.034 Mendenhall Wetlands State Game Refuge.
AS 16.43.120 Application of Administrative Procedure Act.
AS 16.43.960 Commission revocation or suspension of permits.
AS 18.65.700 Permit to carry a concealed handgun.
AS 18.65.740 Revocation of permit; appeal.
AS 18.80.135 Judicial review and enforcement.
AS 23.30.129 Judicial review of commission orders.
AS 26.30.030 Designation of military facility zones.
AS 29.45.030 Required exemptions.
AS 29.65.050 Fulfillment of land entitlements.
AS 38.05.065 Terms of contract of sale.
AS 41.17.143 Appeals and judicial review.
AS 42.05.551 Review and enforcement.
AS 42.06.480 Review and enforcement.
AS 42.08.530 Judicial review and enforcement.
AS 43.05.480 Judicial review.
AS 43.23.015 Application and proof of eligibility.
AS 44.77.040 Hearing and judgment on appeal to department.
AS 46.03.820 Emergency powers.
AS 46.15.185 Appeals.
AS 47.30.021 Term of office, vacancies, removal, and reappointment.

History

(Sec. 24 (ch 2) ch 143 SLA 1959)