- Alaska Statutes.
- Title 44. State Government
- Chapter 62. Administrative Procedure Act
- Section 570. Scope of Review.
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AS 44.62.570. Scope of Review.
- (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
- (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
- (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
- (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.
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