HB 234: "An Act relating to administrative adjudication under the Administrative Procedure Act."
00HOUSE BILL NO. 234 01 "An Act relating to administrative adjudication under the Administrative Procedure 02 Act." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.62.370(c) is amended to read: 05 (c) The statement of issues, together with the form for notice of defense and 06 other information described in AS 44.62.380, shall be delivered to [SERVED IN] 07 the respondent or sent by certified mail to the latest address on file with the 08 agency [SAME MANNER AS AN ACCUSATION], except that if a [THE] hearing 09 has already been requested by [IS HELD AT THE REQUEST OF] the respondent 10 (1) AS 44.62.380 and 44.62.390 do not apply; and 11 (2) the statement of issues together with the notice of hearing shall be 12 delivered or mailed to the parties as provided in AS 44.62.420. 13 * Sec. 2. AS 44.62.380(c) is amended to read: 14 (c) The accusation and all accompanying information may be sent to the
01 respondent by any means selected by the agency. However, the agency may not make 02 an order adversely affecting the rights of the respondent [MAY NOT BE MADE BY 03 THE AGENCY] unless the respondent is served personally or by certified 04 [REGISTERED] mail, files a notice of defense, or otherwise appears. Service may be 05 proved in the manner authorized in civil actions. Service by certified [REGISTERED] 06 mail is effective if a statute or agency regulation requires the respondent to file an 07 address with the agency and to notify the agency of a change, and if a certified 08 [REGISTERED] letter containing the accusation and accompanying material is mailed, 09 addressed to respondent at the latest address on file with the agency. 10 * Sec. 3. AS 44.62.410(a) is amended to read: 11 (a) The agency shall determine the time and place of hearing. The hearing 12 shall be held in Juneau or Ketchikan, whichever is closer to the place where the 13 transaction occurred or where the respondent resides, if the transaction occurred in or 14 the respondent resides in the First Judicial [SOUTHEASTERN SENATE] District; 15 in Anchorage if the transaction occurred or the respondent resides within the Third 16 Judicial [SOUTH CENTRAL SENATE] District; in Fairbanks or Nome, whichever 17 is closer to the place where the transaction occurred or where the respondent resides, 18 if the transaction occurred in or the respondent resides in the Second or Fourth 19 Judicial District [CENTRAL OR NORTHWESTERN SENATE DISTRICTS]. The 20 agency may, if the transaction occurred in a judicial [SENATE] district other than that 21 of respondent's residence, select an appropriate [THE] place of hearing in 22 [APPROPRIATE FOR] either district. The agency may select a different place nearer 23 the place where the transaction occurred or where the respondent resides, or the parties 24 by agreement may select any place in the state. 25 * Sec. 4. AS 44.62.410(b) is repealed and reenacted to read: 26 (b) A party may request that the party or a witness participate by telephone 27 in a hearing. The requesting party shall pay the costs of the telephonic participation. 28 Unless a finding is made that the telephonic participation would substantially prejudice 29 the rights of an opposing party, the agency shall grant the request for that party or 30 witness to participate telephonically if 31 (1) no party objects;
01 (2) the witness lives more than 30 miles one way from the hearing site; 02 (3) the party lives more than 100 miles one way from the hearing site; 03 or 04 (4) other good cause is shown to the satisfaction of the agency. 05 * Sec. 5. AS 44.62.430(c) is amended to read: 06 (c) A witness who is not a party and who appears under a subpoena is entitled 07 to receive 08 (1) fees as prescribed for a witness in court actions, unless the [, 09 EXCEPT A] witness [WHO] is an officer or employee of the state or a political 10 subdivision of the state; 11 (2) reimbursement of transportation expenses in accordance with 12 standards established by the Department of Administration under AS 39.20.160, 13 for required travel in excess of 30 miles round trip from the witness's residence 14 [MILEAGE IN THE SAME AMOUNT AND UNDER THE SAME 15 CIRCUMSTANCES AS PRESCRIBED BY LAW FOR A WITNESS IN A CIVIL 16 ACTION IN A SUPERIOR COURT]; and 17 (3) reimbursement of subsistence expenses in accordance with 18 standards established by the Department of Administration under AS 39.20.160 19 [AN ADDITIONAL FEE AND MILEAGE TO A PER DIEM COMPENSATION OF 20 $15] for each day of actual attendance and for each day of reasonable and necessary 21 travel [NECESSARILY OCCUPIED IN TRAVELING] to and from the place of the 22 hearing[,] if the witness attends a hearing or deposition at a point so distant [FAR 23 REMOVED] from the residence of the witness that a [AS TO PROHIBIT] return to 24 the residence from day to day is not practicable. 25 * Sec. 6. AS 44.62.430(d) is amended to read: 26 (d) Fees, transportation expenses [MILEAGE], and expenses of subsistence 27 shall be paid by the party at whose request the witness is subpoenaed. 28 * Sec. 7. AS 44.62.440(a) is repealed and reenacted to read: 29 (a) Upon a motion with good cause shown or upon stipulation of the parties, 30 an agency may order discovery, including a deposition to perpetuate testimony, by any 31 reasonable method including those methods prescribed by law in civil actions.
01 * Sec. 8. AS 44.62.460(e) is repealed and reenacted to read: 02 (e) Unless a different standard of proof is stated in applicable law, 03 (1) the petitioner has the burden of proof by a preponderance of the 04 evidence if an accusation has been filed under AS 44.62.360 or if the renewal of a 05 right, authority, license, or privilege has been denied; 06 (2) the respondent has the burden of proof by a preponderance of the 07 evidence if a right, authority, license, or privilege has been initially denied or not 08 issued. 09 * Sec. 9. AS 44.62.510(a) is amended to read: 10 (a) A decision shall be written and must contain findings of fact, a 11 determination of the issues presented, and the penalty, if any. The findings may be 12 stated in the language of the pleadings or by reference to them. Copies of the decision 13 shall be delivered to the parties personally or sent to them by certified 14 [REGISTERED] mail. 15 * Sec. 10. AS 44.62.540(a) is amended to read: 16 (a) The agency may order a reconsideration of all or part of the case on its 17 own motion or on petition of a party. To be considered by the agency, a petition 18 for reconsideration must be filed with the agency within 15 days after delivery or 19 mailing of the decision. The power to order a reconsideration expires 30 days after 20 the delivery or mailing of a decision to the respondent. If no action is taken on a 21 petition within the time allowed for ordering reconsideration, the petition is considered 22 denied. 23 * Sec. 11. APPLICABILITY. This Act applies to an accusation under AS 44.62.360 and 24 a statement of issues under AS 44.62.370, filed on or after the effective date of this Act.