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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 80. State Commission For Human Rights
- Section 145. Intervention By State Commission For Human Rights.
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AS 18.80.145. Intervention By State Commission For Human Rights.
- (a) When an action is brought under AS 22.10.020
(i), the plaintiff shall serve a copy of the complaint on the commission. Upon timely application, the commission may
intervene as a party to the action as a matter of right. If the commission certifies in writing to the court that it is
presently investigating or actively dealing with the act, practice, or policy of the defendant giving rise to the cause
of action, the court shall, at the request of the commission, defer proceedings for a period of not more than 45 days
or such extended period as the court may allow; except that the court may enter an order or injunction if necessary to
prevent irreparable injury to the plaintiff.
- (b) If, within the period allowed, a hearing is conducted and a decision is reached under AS 18.80.120
and 18.80.130, the decision of the commission is
binding on the parties to the court action as to all issues resolved in the hearing but not as to any issues not
resolved in the hearing.
- (c) When proceedings in the superior court are deferred for a hearing and decision under this section, the plaintiff may
proceed, after the decision of the commission, as an aggrieved party for the purpose of obtaining judicial review under
, whether or not the person was a party to, or complainant in, the administrative proceedings.
- (d) If the commission does not intervene or file a certificate and conduct a hearing as provided in this section, the
court has complete jurisdiction of the case, notwithstanding the provisions of AS 18.80.280.
Article 03. COMMISSION REPORTS AND PUBLICATIONS
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