(a) Notwithstanding any other provision of law to the contrary and except as provided in (f) and (g) of this section, a person may obtain judicial relief in an administrative matter from the superior court before the state agency handling the administrative proceeding on the matter issues a final administrative decision if
(1) the person is a party to the administrative proceeding;
(2) the person has satisfied the procedural requirements of the administrative proceeding up to the time that the person petitions for judicial relief under (b) of this section;
(3) the state agency has unreasonably delayed the progress of the administrative proceeding; and
(4) further delay in reaching a final administrative decision will cause the person immediate and irreparable damage.
(b) A person may seek judicial relief under (a) of this section by filing a petition in the superior court. A person may not file the petition until 30 days after the person has filed with the state agency handling the administrative proceeding a written notice that the person intends to file the petition.
(c) In a proceeding begun under (b) of this section, if the superior court determines that the person is eligible for judicial relief under (a) of this section, the superior court may
(1) enjoin the administrative proceeding and determine the administrative matter in the superior court;
(2) order that the administrative matter be handled by another form of dispute resolution; or
(3) establish a deadline for the state agency to issue a final administrative decision.
(d) After a person files a petition under (b) of this section, the state agency shall continue with the administrative proceeding unless the superior court
(1) enjoins the administrative proceeding under (c)(1) of this section; or
(2) issues an order under (c)(2) of this section.
(e) If the superior court decides that a person is not eligible for judicial relief under (a) of this section, a party to the administrative proceeding may exercise any right of appeal allowed under law for the final administrative decision as if the person had not filed a petition under (b) of this section.
(f) A person may not obtain judicial relief under this section in a personnel proceeding by a state agency. In this subsection, “personnel proceeding” includes a proceeding under AS 39.25 (State Personnel Act) and a proceeding in a grievance arbitration procedure under a collective bargaining agreement.
(g) This section does not apply to an administrative proceeding of a state agency if another statute of this state establishes a deadline for the state agency to make a final decision in the administrative proceeding.
(h) In this section,
(1) “administrative matter” means the subject matter of an administrative proceeding;
(2) “administrative proceeding” means
(A) a proceeding subject to AS 44.62.330 — 44.62.630; and
(B) a proceeding that is not subject to AS 44.62.330 — 44.62.630, that is authorized by statute for the adjudication of a state agency matter by the state agency handling the matter or by a person appointed by the state agency, and that involves a matter that directly affects the personal, professional, or business interests of a specific person who is named in the adjudication;
(3) “damage” means damage to the personal, professional, or business interests of a person;
(4) “party” means a specific person whose personal, professional, or business interests are the subject of an administrative proceeding and who is named in the administrative proceeding;
(5) “person” does not include a state agency or other governmental agency;
(6) “state agency” means a department, an institution, a board, a commission, a division, an authority, and any other administrative unit of the executive branch of state government, except a public corporation; the term includes the University of Alaska.
Other Sections in this Chapter:
- Sec. 44.62.010. Application to State Organization Act of 1959.
- Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.
- Sec. 44.62.030. Consistency between regulation and statute.
- Sec. 44.62.040. Submitting regulations.
- Sec. 44.62.050. Style and forms.
- Sec. 44.62.060. Preparation and filing.
- Sec. 44.62.070. Fees.
- Sec. 44.62.080. Endorsement and filing.
- Sec. 44.62.090. Filing with local government unit clerks. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.100. Presumptions from filing.
- Sec. 44.62.110. Presumptions from publication.
- Sec. 44.62.120. Voluntary submitting and publication.
- Sec. 44.62.125. Regulations attorney.
- Sec. 44.62.130. Codification and publication.
- Sec. 44.62.140. Distribution of code and register.
- Sec. 44.62.150. Price. [Repealed, § 49 ch 127 SLA 1974.] Repealed
- Sec. 44.62.160. Date and content of register.
- Sec. 44.62.170. Form of publication. [Repealed, § 2 ch 57 SLA 1969.] Repealed
- Sec. 44.62.175. Alaska Online Public Notice System.
- Sec. 44.62.180. Effective date.
- Sec. 44.62.190. Notice of proposed action.
- Sec. 44.62.195. Fiscal notes on regulations.
- Sec. 44.62.200. Contents of notice.
- Sec. 44.62.210. Public proceedings.
- Sec. 44.62.213. Agency contact with the public.
- Sec. 44.62.215. Record of public comment.
- Sec. 44.62.218. Regulations affecting small businesses. [Repealed, § 2 ch 91 SLA 2005.] Repealed
- Sec. 44.62.220. Right to petition.
- Sec. 44.62.230. Procedure on petition.
- Sec. 44.62.240. Limitation on retroactive action.
- Sec. 44.62.245. Material incorporated by reference.
- Sec. 44.62.250. Emergency regulations.
- Sec. 44.62.260. Limitation on effective period of emergency regulations.
- Sec. 44.62.270. State policy.
- Sec. 44.62.280. Purpose of AS 44.62.180
- Sec. 44.62.290. Limits of the application of AS 44.62.180
- Sec. 44.62.300. Judicial review of validity.
- Sec. 44.62.310. Government meetings public.
- Sec. 44.62.312. State policy regarding meetings.
- Sec. 44.62.319. Short title.
- Sec. 44.62.330. Application of AS 44.62.330
- Sec. 44.62.340. Delegation of power by agencies.
- Sec. 44.62.350. Appointment of hearing officers.
- Sec. 44.62.360. Accusation.
- Sec. 44.62.370. Statement of issues.
- Sec. 44.62.380. Service of accusation.
- Sec. 44.62.390. Notice of defense.
- Sec. 44.62.400. Amended or supplemental accusation.
- Sec. 44.62.410. Time and place of hearing.
- Sec. 44.62.420. Form of notice of hearing.
- Sec. 44.62.430. Subpoenas; witness fees.
- Sec. 44.62.440. Depositions.
- Sec. 44.62.450. Hearings.
- Sec. 44.62.460. Evidence rules.
- Sec. 44.62.470. Evidence by affidavit.
- Sec. 44.62.480. Official notice.
- Sec. 44.62.490. Amendment of accusation after submission.
- Sec. 44.62.500. Decision in a contested case.
- Sec. 44.62.510. Form and retroactivity of decision.
- Sec. 44.62.520. Effective date of decision; stay.
- Sec. 44.62.530. Default.
- Sec. 44.62.540. Reconsideration.
- Sec. 44.62.550. Petition for reinstatement or reduction of penalty.
- Sec. 44.62.560. Judicial review.
- Sec. 44.62.570. Scope of review.
- Sec. 44.62.580. Continuances.
- Sec. 44.62.590. Contempt.
- Sec. 44.62.600. Voting procedure.
- Sec. 44.62.610. Charge.
- Sec. 44.62.620. Power to administer oaths.
- Sec. 44.62.630. Impartiality.
- Sec. 44.62.635. [Renumbered as AS 44.62.930 Renumbered
- Sec. 44.62.640. Definitions for AS 44.62.010
- Sec. 44.62.650. [Renumbered as AS 44.62.950 Renumbered
- Sec. 44.62.710. Purpose and applicability of AS 44.62.710
- Sec. 44.62.720. Determination of need for negotiated regulation making committee.
- Sec. 44.62.730. Use of convener.
- Sec. 44.62.740. Establishment, time line, support, and termination of committee.
- Sec. 44.62.750. Committee duties, procedures, and report.
- Sec. 44.62.760. Facilitator selection, duties, and authority.
- Sec. 44.62.770. Employees, contractors, and funding.
- Sec. 44.62.780. Judicial review.
- Sec. 44.62.790. Relationship to other requirements.
- Sec. 44.62.795. Confidentiality of certain records and documents.
- Sec. 44.62.800. Definitions. Repealed
- Sec. 44.62.930. Teleconferencing.
- Sec. 44.62.950. Short title.