- Alaska Statutes.
- Title 44. State Government
- Chapter 62. Administrative Procedure Act
- Section 305. Judicial Relief in Administrative Matters.
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AS 44.62.305. Judicial Relief in Administrative Matters.
- (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.
Article 06. OPEN MEETINGS OF GOVERNMENTAL BODIES
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