- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 5. Administration of Revenue Laws
- Section 480. Judicial Review.
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AS 43.05.480. Judicial Review.
- (a) Judicial review by the superior court of a final administrative decision may be had by a party to the appeal under AS
- 43.05.499 by filing a notice of appeal in
accordance with the applicable rules of court governing appeals to that court in civil matters. The notice of appeal
shall be filed within 30 days after an administrative decision becomes final under AS 43.05.465
. The right to judicial review under this subsection is not affected by the failure to seek reconsideration before the
administrative law judge.
- (b) The amount due must be paid or refunded within 30 days after the date that the final administrative decision becomes
final under AS 43.05.465. In place of payment of the
amount due, a taxpayer who has appealed a final administrative decision may file a bond with the court or otherwise
obtain relief from payment in accordance with the Alaska Rules of Appellate Procedure.
- (c) Appeals under this section are reviewed under AS 44.62.560
- (d) If, after the appeal is heard, it appears that the final administrative decision was correct, the court shall affirm
the decision. If the final administrative decision is incorrect, the court shall determine the amount due. If the
taxpayer is entitled to a refund, the court shall order the repayment and the Department of Revenue shall pay the
amount due and attach a certified copy of the judgment to the payment. If the court determines that the taxpayer owes
an additional amount, the court shall order the payment and the taxpayer shall pay the amount due and attach a
certified copy of the judgment to the payment. Any payment required under this subsection shall be paid by the 30th day
following the expiration of the time within which an appeal from the superior court decision may be filed, unless the
party appealing files a bond or otherwise obtains relief from payment in accordance with the Alaska Rules of Appellate
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