(a) An appeal shall be heard by the superior court sitting without a jury.
(b) Inquiry in an appeal extends to the following questions: (1) whether the agency has proceeded without, or in excess of jurisdiction; (2) whether there was a fair hearing; and (3) whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.
(c) The court may exercise its independent judgment on the evidence. If it is claimed that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by
(1) the weight of the evidence; or
(2) substantial evidence in the light of the whole record.
(d) The court may augment the agency record in whole or in part, or hold a hearing de novo. If the court finds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing, the court may
(1) enter judgment as provided in (e) of this section and remand the case to be reconsidered in the light of that evidence; or
(2) admit the evidence at the appellate hearing without remanding the case.
(e) The court shall enter judgment setting aside, modifying, remanding, or affirming the order or decision, without limiting or controlling in any way the discretion legally vested in the agency.
(f) The court in which proceedings under this section are started may stay the operation of the administrative order or decision until
(1) the court enters judgment;
(2) a notice of further appeal from the judgment is filed; or
(3) the time for filing the notice of appeal expires.
(g) A stay may not be imposed or continued if the court is satisfied that it is against the public interest.
(h) If further appeal is taken, the supreme court may, in its discretion, stay the superior court judgment or agency order.
(i) If a final administrative order or decision is the subject of a proceeding under this section, and the appeal is filed while the penalty imposed is in effect, finishing or complying with the penalty imposed by the administrative agency during the pendency of the proceeding does not make the determination moot.
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. 44.62.390. 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. 44.62.580. 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.