Made available by
Touch N' Go Systems, Inc., and the
Law Offices of James B. Gottstein.
You can also go to The Alaska Legal Resource Center or search the entire website search.
|
(a) A person who is issued an administrative subpoena under AS 25.27.085 or AS 25.27.086 may request an administrative review in order to establish good cause for the person's refusal to comply with the subpoena. A request for administrative review under this subsection must be made in writing and be filed within the time provided for compliance with the subpoena. The request must state the specific reasons for the administrative review and must include any documentation upon which the person intends to rely to establish good cause for noncompliance. The agency will, in its discretion, reject a request for review that does not comply with the requirements of this subsection.
(b) Upon receipt of a request for an administrative review under (a) of this section, the agency will review the request and any supporting documentation and related information to determine whether there is good cause for the person's failure to comply with the subpoena. The agency's review is limited to the following issues:
(1) a mistake in the identity of the person served with the subpoena; or
(2) a prohibition under law on release of the information.
(c) The agency will issue a decision as soon as practicable after completion of the administrative review. An administrative appeal is not available from the administrative review decision issued under this subsection.
(d) If a person who is issued an administrative subpoena under AS 25.27.085 or AS 25.27.086 fails to comply with the subpoena or request an administrative review of the subpoena within the time provided, the agency will, in its discretion, issue an order imposing the civil penalty provided under AS 25.27.085 (d). An administrative appeal is not available from an order imposing a civil penalty under this subsection. The civil penalty provided by this subsection is not exclusive and is in addition to any other remedies available for noncompliance with an administrative subpoena, including license revocation and enforcement action under Alaska Rule of Civil Procedure 45(g).
History: Eff. 10/1/98, Register 147
Authority: AS 25.27.020
Note to HTML Version:
The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.
If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.
Last modified 7/05/2006