Enrolled HB 533: Relating to the state's administrative procedures and to judicial oversight of administrative matters.
00Enrolled HB 533 01 Relating to the state's administrative procedures and to judicial oversight of administrative 02 matters. 03 _______________ 04 * Section 1. AS 22.10.020(d) is amended to read: 05 (d) The superior court has jurisdiction in all matters appealed to it from a 06 subordinate court, or administrative agency when appeal is provided by law, and has 07 jurisdiction over petitions for relief in administrative matters under 08 AS 44.62.305. The hearings on appeal from a final order or judgment of a subordinate 09 court or administrative agency, except an appeal under AS 43.05.242, shall be on the 10 record unless the superior court, in its discretion, grants a trial de novo, in whole or in 11 part. The hearings on appeal from a final order or judgment under AS 43.05.242 shall 12 be on the record. 13 * Sec. 2. AS 44.62 is amended by adding a new section to read: 14 Sec. 44.62.305. Judicial relief in administrative matters. (a)
01 Notwithstanding any other provision of law to the contrary and except as provided in 02 (f) and (g) of this section, a person may obtain judicial relief in an administrative 03 matter from the superior court before the state agency handling the administrative 04 proceeding on the matter issues a final administrative decision if 05 (1) the person is a party to the administrative proceeding; 06 (2) the person has satisfied the procedural requirements of the 07 administrative proceeding up to the time that the person petitions for judicial relief 08 under (b) of this section; 09 (3) the state agency has unreasonably delayed the progress of the 10 administrative proceeding; and 11 (4) further delay in reaching a final administrative decision will cause 12 the person immediate and irreparable damage. 13 (b) A person may seek judicial relief under (a) of this section by filing a 14 petition in the superior court. A person may not file the petition until 30 days after the 15 person has filed with the state agency handling the administrative proceeding a written 16 notice that the person intends to file the petition. 17 (c) In a proceeding begun under (b) of this section, if the superior court 18 determines that the person is eligible for judicial relief under (a) of this section, the 19 superior court may 20 (1) enjoin the administrative proceeding and determine the 21 administrative matter in the superior court; 22 (2) order that the administrative matter be handled by another form of 23 dispute resolution; or 24 (3) establish a deadline for the state agency to issue a final 25 administrative decision. 26 (d) After a person files a petition under (b) of this section, the state agency 27 shall continue with the administrative proceeding unless the superior court 28 (1) enjoins the administrative proceeding under (c)(1) of this section; 29 or 30 (2) issues an order under (c)(2) of this section. 31 (e) If the superior court decides that a person is not eligible for judicial relief
01 under (a) of this section, a party to the administrative proceeding may exercise any 02 right of appeal allowed under law for the final administrative decision as if the person 03 had not filed a petition under (b) of this section. 04 (f) A person may not obtain judicial relief under this section in a personnel 05 proceeding by a state agency. In this subsection, "personnel proceeding" includes a 06 proceeding under AS 39.25 (State Personnel Act) and a proceeding in a grievance 07 arbitration procedure under a collective bargaining agreement. 08 (g) This section does not apply to an administrative proceeding of a state 09 agency if another statute of this state establishes a deadline for the state agency to 10 make a final decision in the administrative proceeding. 11 (h) In this section, 12 (1) "administrative matter" means the subject matter of an 13 administrative proceeding; 14 (2) "administrative proceeding" means 15 (A) a proceeding subject to AS 44.62.330 - 44.62.630; and 16 (B) a proceeding that is not subject to AS 44.62.330 - 17 44.62.630, that is authorized by statute for the adjudication of a state agency 18 matter by the state agency handling the matter or by a person appointed by the 19 state agency, and that involves a matter that directly affects the personal, 20 professional, or business interests of a specific person who is named in the 21 adjudication; 22 (3) "damage" means damage to the personal, professional, or business 23 interests of a person; 24 (4) "party" means a specific person whose personal, professional, or 25 business interests are the subject of an administrative proceeding and who is named in 26 the administrative proceeding; 27 (5) "person" does not include a state agency or other governmental 28 agency; 29 (6) "state agency" means a department, an institution, a board, a 30 commission, a division, an authority, and any other administrative unit of the 31 executive branch of state government, except a public corporation; the term includes
01 the University of Alaska.