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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 5. Administration
- Section 141. Hearings and Appeals.
previous: Section 131
. Opportunity For Hearing Required.
next: Section 151
. Citations For Scheduled Vehicle and Traffic Offenses.
AS 28.05.141. Hearings and Appeals.
- (a) Unless otherwise specifically provided, all hearings required under this title or regulations adopted under this title
shall be conducted by the Department of Public Safety or the Department of Administration, as appropriate, under
regulations adopted by the appropriate commissioner governing practice and procedure and consistent with due process of
law. Hearings must be informal, and technical rules of evidence do not apply. A person who requests a hearing may
retain an attorney. The hearing officer shall be appointed by the appropriate commissioner and may be appointed from
the department conducting the hearing. A hearing officer need not be an attorney, but must be impartial and may not
have participated in the decision that is under review. The hearing officer does not have to file a full opinion or
make formal findings of fact or conclusions of law, but the hearing officer must state the reasons for the
determination and indicate the evidence relied upon. The proceedings at the hearing shall be recorded.
- (b) A hearing ordered under (a) of this section must be held by telephone unless the hearing officer finds that a
telephonic hearing would substantially prejudice the rights of the person involved in the hearing or that an in-person
hearing is necessary to decide the issues to be presented in the hearing. An in-person hearing must be held at the
office of the Department of Public Safety or of the Department of Administration nearest to the residence of the person
involved in the hearing unless the appropriate department and the person agree that the hearing is to be held
elsewhere. The appropriate department shall grant a hearing delay if the person presents good cause for the delay. If a
person fails to attend or appear for the hearing at the time and place stated by the appropriate department and if a
hearing delay has not been granted, the person's failure to attend or appear is considered a waiver of the hearing and
the appropriate department may take appropriate action with respect to the person.
- (c) If at a hearing conducted by the Department of Administration under (a) of this section it appears that the record of
the person sustains suspension, revocation, limitation, denial, or other remedial action, the hearing officer shall so
order and the Department of Administration may suspend, revoke, limit, deny, or take other remedial action against that
person's license, registration, or title and, if appropriate, the department shall adjust the person's point total
accumulated under AS 28.15.231
- (d) A person aggrieved by the decision of the hearing officer may, within 30 days after a decision is mailed or delivered
to the person, file an appeal in superior court for judicial review of the hearing officer's decision. The judicial
review shall be on the record. The court may reverse the determination of the Department of Public Safety or of the
Department of Administration if the court finds that the department making the determination misinterpreted the law,
acted in an arbitrary and capricious manner, or made a determination unsupported by the evidence in the record. The
respective department's decision suspending, revoking, canceling, limiting, restricting, or denying a license,
registration, title, permit, or privilege is stayed and does not take effect during the pendency of an appeal.
Article 04. DISPOSITION OF CERTAIN VEHICLE AND TRAFFIC OFFENSES
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