- Alaska Statutes.
- Title 44. State Government
- Chapter 62. Administrative Procedure Act
- Section 560. Judicial Review.
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. Scope of Review.
AS 44.62.560. Judicial Review.
- (a) Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in
accordance with the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this
section, the notice of appeal shall be filed within 30 days after the last day on which reconsideration can be ordered,
and served on each party to the proceeding. The right to appeal is not affected by the failure to seek reconsideration
before the agency.
- (b) The complete record of the proceedings, or the parts of it which the appellant designates, shall be prepared by the
agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the
superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated
record or files a corporate surety bond equal to the estimated cost.
- (c) The complete record includes
- (1) the pleadings;
- (2) all notices and orders issued by the agency;
- (3) the proposed decision by a hearing officer;
- (4) the final decision;
- (5) a transcript of all testimony and proceedings;
- (6) the exhibits admitted or rejected;
- (7) the written evidence; and
- (8) all other documents in the case.
- (d) Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be
typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall
be followed where this chapter is silent, and when not in conflict with this chapter.
- (e) The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an
agency proceeding. If agency action is unlawfully withheld or unreasonably withheld, the superior court may compel the
agency to initiate action.
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