(a) Within 15 days after service upon the respondent of the accusation, the respondent may file with the agency a notice of defense. In the notice the respondent may
(1) request a hearing;
(2) object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed;
(3) object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense;
(4) admit the accusation in whole or in part;
(5) present new matter by way of defense.
(b) Within the time specified the respondent may file one or more notices of defense upon any or all of the grounds set out in (a) of this section but all of the notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice.
(c) The respondent is entitled to a hearing on the merits if the respondent files a notice of defense, and the notice of defense is considered a specific denial of all parts of the accusation not expressly admitted. Failure to file the notice constitutes a waiver of the respondent’s right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in (a) (3) of this section, all objections to the form of the accusation are waived.
(d) The notice of defense must be in writing, signed by or on behalf of the respondent, and must state the respondent’s mailing address. It need not be verified or follow a particular form.
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 [Repealed, § 2 ch 57 SLA 1969.] Repealed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 [Repealed, § 49 ch 127 SLA 1974.] Repealed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 [Repealed, § 2 ch 57 SLA 1969.]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. 44.62.305. Judicial relief in administrative matters.
- 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. 44.62.400. 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.