SB 333: "An Act relating to judicial relief before final administrative decisions of state agencies."

00 SENATE BILL NO. 333 01 "An Act relating to judicial relief before final administrative decisions of state 02 agencies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 (e) of this section, a person may obtain judicial relief in an administrative matter by 03 the superior court before the state agency handling the administrative proceeding on 04 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 significant 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. 15 (c) In a proceeding begun under (b) of this section, if the superior court 16 determines that the person is eligible for judicial relief under (a) of this section, the 17 superior court may 18 (1) enjoin the administrative proceeding and determine the 19 administrative matter in the superior court; 20 (2) order that the administrative matter be handled by another form of 21 dispute resolution; or 22 (3) establish a deadline for the state agency to issue a final 23 administrative decision. 24 (d) If the superior court decides that a person is not eligible for judicial relief 25 under (a) of this section, the state agency shall continue the administrative proceeding, 26 and a party to the administrative proceeding may exercise any right of appeal allowed 27 under law for the final administrative decision as if the person had not filed a petition 28 under (b) of this section. 29 (e) A person may not obtain judicial relief under this section in a personnel 30 decision by a state agency. 31 (f) In this section,

01 (1) "administrative matter" means the subject matter of an 02 administrative proceeding; 03 (2) "administrative proceeding" means 04 (A) a proceeding subject to AS 44.62.330 - 44.62.630; and 05 (B) a proceeding that is not subject to AS 44.62.330 - 06 44.62.630, that is authorized by statute for the adjudication of a state agency 07 matter by the state agency handling the matter or by a person appointed by the 08 state agency, and that involves a matter that directly affects the personal, 09 professional, or business interests of a specific person who is named in the 10 adjudication; 11 (3) "damage" means damage to the personal, professional, or business 12 interests of a person; 13 (4) "party" means a specific person whose personal, professional, or 14 business interests are the subject of an administrative proceeding and who is named in 15 the administrative proceeding; 16 (5) "person" does not include a state agency or other governmental 17 agency; 18 (6) "state agency" means a department, an institution, a board, a 19 commission, a division, an authority, and any other administrative unit of the 20 executive branch of state government, except a public corporation; the term includes 21 the University of Alaska.