Administrative Hearing Request Packet

ADMINISTRATIVE HEARING REQUEST PACKET

State of Alaska

Office of Administrative Hearings / Agency Contested Case Hearing

SECTION 1: OVERVIEW AND LEGAL FRAMEWORK

1.1 Purpose of This Packet

This packet is a preparation worksheet for responding to an Alaska agency notice that expressly provides a hearing right. Submit the actual request to the recipient named in the notice, using the required form, deadline, and delivery method. Do not file this worksheet directly with the Office of Administrative Hearings (OAH) unless the notice or controlling law expressly instructs you to do so.

1.2 Governing Law

Alaska administrative hearings may involve two statutory frameworks, together with agency-specific law:

• Alaska Administrative Procedure Act (APA): AS 44.62.330-.630 supplies adjudication procedures when the agency and matter fall within its coverage or another law makes those procedures applicable.
• Office of Administrative Hearings Act: AS 44.64.030 identifies matters OAH conducts and permits additional referrals by agreement. Section 44.64.030(d) expressly states that the chapter does not create a hearing right that other law does not provide.
• Agency-specific law and notice: These control the hearing right, filing deadline, recipient, required form, and any procedure that differs from the general statutes.

1.3 Centralized vs. Agency-Specific Hearings

AS 44.64.030(a) lists specific statutes and programs—not a simple list of entire departments—for which OAH conducts hearings. Confirm that the exact statute governing the adverse action appears in § 44.64.030(a), is covered by another referral statute, or has been referred under § 44.64.030(b). Some matters remain with an agency hearing office.

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

File the hearing request within the time period specified in the agency's notice of adverse action and controlling law. A missed deadline may waive or forfeit review; the consequence and any exception are agency- and statute-specific.

There is no universal Alaska hearing-request deadline. Record the controlling source here:

APA accusation only: If the document is an accusation served under AS 44.62.380, AS 44.62.390 generally permits a written, signed notice of defense to be filed with the agency within 15 days after service. The notice of defense need not be verified or follow a particular form. Do not apply that rule to a different agency notice without confirming coverage.

If the stated deadline may have passed: Contact qualified counsel and the agency immediately. Do not assert a good-cause exception unless the controlling statute, regulation, notice, or current decision recognizes one.

SECTION 3: TYPES OF ACTIONS REQUIRING A HEARING

Check all types of agency actions that apply to your situation:

☐ Professional license denial, revocation, suspension, or discipline
☐ Business permit or license denial or revocation
☐ Environmental permit denial or enforcement order (DEC actions)
☐ Tax assessment dispute (Department of Revenue)
☐ Unemployment insurance benefit denial or overpayment determination
☐ Workers' compensation dispute
☐ Public assistance benefit denial (Medicaid, SNAP, TANF, Adult Public Assistance)
☐ Regulatory enforcement action or civil penalty assessment
☐ Government contract debarment or suspension
☐ Commercial fishing permit or license action
☐ Hunting/fishing/trapping license revocation
☐ Child support enforcement action
☐ Oil and gas regulatory action (Alaska Oil and Gas Conservation Commission)
☐ Permanent Fund Dividend denial or garnishment
☐ Teacher certification or school district action
☐ Other: [________________________________]

SECTION 4: HEARING REQUEST FORM / PETITION

SUBMIT TO THE AGENCY OR OFFICE IDENTIFIED IN THE ADVERSE-ACTION NOTICE

Case No.: [____] (leave blank if not yet assigned)

REQUEST FOR ADMINISTRATIVE HEARING

I. PETITIONER INFORMATION

Attorney Information (if represented):

II. AGENCY / RESPONDENT INFORMATION

III. AGENCY ACTION BEING CHALLENGED

☐ Denial of application for [________________________________]
☐ Revocation of [________________________________]
☐ Suspension of [________________________________]
☐ Imposition of civil penalty in the amount of $[________________________________]
☐ Enforcement order requiring [________________________________]
☐ Benefit denial or reduction
☐ Tax assessment or deficiency determination
☐ Other: [________________________________]

Brief Description of Agency Action:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

IV. VERIFIED BASIS AND FILING INSTRUCTIONS

The hearing right and filing instructions are:

☐ Agency-specific statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Adverse-action notice provision: [________________________________]
☐ APA accusation / notice of defense under AS 44.62.380-.390

AS 44.64.030 identifies OAH jurisdiction but does not itself create a hearing right. Attach the adverse-action notice and quote the provision that authorizes this request.

Required recipient: [________________________________]

Required form or contents: [________________________________]

Permitted filing method and receipt rule: [________________________________]

V. TIMELINESS STATEMENT

The agency action or notice was received on [__/__/____]. The deadline to request a hearing is [____] days after receipt/service, making the filing deadline [__/__/____]. This request is being filed on [__/__/____], which is ☐ within / ☐ outside the filing deadline.

If filed outside the stated deadline, describe the date facts and cite any controlling authority that permits a late request:

[________________________________]
[________________________________]
[________________________________]

VI. GROUNDS FOR CONTESTING THE AGENCY ACTION

Petitioner contests the agency action on the following grounds (check all that apply and provide details):

☐ The agency's factual findings are incorrect.
Explanation: [________________________________]
[________________________________]
[________________________________]

☐ The agency misapplied or misinterpreted the governing statute or regulation.
Cite statute/regulation: [________________________________]
Explanation: [________________________________]
[________________________________]

☐ The agency failed to follow required procedures.
Explanation: [________________________________]
[________________________________]

☐ The agency action is arbitrary, capricious, or an abuse of discretion.
Explanation: [________________________________]
[________________________________]

☐ The agency action violates constitutional rights.
Explanation: [________________________________]
[________________________________]

☐ New evidence exists that was not available at the time of the agency's decision.
Explanation: [________________________________]
[________________________________]

☐ The penalty or sanction is disproportionate to the violation.
Explanation: [________________________________]
[________________________________]

☐ Other grounds:
[________________________________]
[________________________________]
[________________________________]

VII. SPECIFIC RELIEF REQUESTED

Petitioner requests the following relief:

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance of the license/permit/benefit that was denied
☐ Reinstatement of the license/permit/benefit that was revoked or suspended
☐ Reduction or elimination of the civil penalty
☐ Rescission of the enforcement order
☐ Other relief: [________________________________]

VIII. DISCOVERY REQUEST, ONLY IF AUTHORIZED

Identify the statute, regulation, or order authorizing discovery: [________________________________]

☐ Petitioner requests that the agency or ALJ authorize the following discovery:
☐ Production of documents and records relied upon by the agency
☐ Identification of witnesses the agency intends to call
☐ Copies of expert reports or analyses
☐ Inspection of physical evidence
☐ Depositions of agency personnel
☐ Interrogatories
☐ Other: [________________________________]

IX. REQUEST FOR STAY, ONLY IF AUTHORIZED

☐ Petitioner requests a stay of the agency action pending the outcome of this hearing.

Authority permitting a stay and the exact governing standard: [________________________________]

Facts satisfying that standard: [________________________________]
[________________________________]

X. HEARING PREFERENCES

Preferred hearing format:
☐ In-person hearing
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Preferred hearing location (if in-person):
☐ Anchorage
☐ Fairbanks
☐ Juneau
☐ Other: [________________________________]

Estimated length of hearing: [____] hours / [____] days

Dates of unavailability in the next 90 days:
[________________________________]

Special accommodations needed:
☐ Interpreter (language: [________________________________])
☐ ADA accommodations: [________________________________]
☐ Other: [________________________________]

XI. SIGNATURE

I request the hearing or other review described above and certify that the information provided is accurate to the best of my knowledge. [Replace this sentence if the controlling form requires a specific verification or certification.]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney Signature (if applicable): ______________________________

Attorney Printed Name: [________________________________]

Alaska Bar No.: [____]

Date: [__/__/____]

SECTION 5: FILING CHECKLIST

Complete this checklist before submitting your hearing request:

☐ Hearing request form completed in full and signed
☐ Copy of agency notice/decision being challenged attached
☐ Copy of any accusation or statement of issues attached
☐ Notice of defense filed within 15 days after service only if AS 44.62.380-.390 applies
☐ Filing fee paid (if required by the specific agency)
☐ Filed within the applicable deadline
☐ Request filed with the recipient named in the notice, not assumed to be OAH
☐ Filing method and receipt/mailing rule confirmed from controlling authority
☐ Copies served only as required by the notice, statute, regulation, or order
☐ Proof of service completed and attached
☐ Retained copy for personal records
☐ Calendar the following dates:
☐ For a qualifying AS 44.64.030 request, agency's 10-day action period under AS 44.64.060(b)
☐ Prehearing conference date (when scheduled)
☐ Discovery deadlines
☐ Hearing date
☐ Notified employer (if professional license matter and required)
☐ Current filing address or portal verified from the adverse-action notice or agency source

SECTION 6: WHAT HAPPENS AFTER FILING

6.1 Agency Response (OAH Cases)

Under AS 44.64.060, when an agency receives a hearing request subject to OAH jurisdiction:

1. Within 10 days, the agency must either deny the request (with reasons) or grant it and refer the case to OAH.
2. Within 15 days of receiving the request, the agency must compile and transmit to OAH:
   - Copy of the hearing request
   - Names, addresses, and telephone numbers of all parties and representatives
   - The agency's decision and supporting record

6.2 Assignment to Administrative Law Judge

OAH assigns an ALJ under the Office of Administrative Hearings Act. The ALJ conducts the referred proceeding and prepares the decision authorized by the governing law.

6.3 Prehearing Conference

The ALJ typically schedules a prehearing conference to:

• Identify the issues for hearing
• Establish a discovery schedule
• Set deadlines for witness lists and exhibit exchanges
• Schedule the hearing date
• Discuss settlement possibilities
• Address procedural matters and motions

6.4 Discovery

Discovery is not automatic. When the APA adjudication provisions apply, AS 44.62.440 permits an agency to order discovery upon a motion showing good cause or upon the parties' stipulation. Other agency-specific statutes, regulations, or orders may control.

6.5 The Hearing

The hearing is conducted by the ALJ and may include:

• Opening statements
• Presentation of evidence (documents, testimony)
• Cross-examination of witnesses
• Expert testimony
• Closing arguments

6.6 Proposed Decision

Under AS 44.64.060(d), the ALJ must prepare a proposed decision within 120 days after the agency received the hearing request unless another period is provided by law or agreed upon by the parties and chief ALJ.

6.7 Proposals for Action

Unless OAH establishes a shorter period or another statute provides a different period, a party may file a proposal for action with the agency within 30 days after service of the proposed decision. AS 44.64.060(e).

6.8 Final Agency Decision

The agency with final-decision authority acts within the time and by the options stated in AS 44.64.060(e), generally within 45 days after service or at the next regularly scheduled meeting occurring at least 45 days after service. The agency may:

• Adopt the proposed decision
• Modify the proposed decision
• Reject the proposed decision and issue its own decision
• Remand to the ALJ for further proceedings

6.9 Judicial Review

A party aggrieved by a final agency decision may seek judicial review in the Alaska Superior Court under AS 44.62.560.

SECTION 7: HEARING PREPARATION CHECKLIST

30 Days Before Hearing

☐ Review the agency's case file and all documents in the record
☐ Identify all witnesses and prepare a witness list
☐ Prepare subpoenas for witnesses who may not voluntarily attend
☐ Organize all exhibits and prepare an exhibit list
☐ Exchange witness lists and exhibits with opposing party per ALJ order
☐ Complete any outstanding discovery
☐ File any prehearing motions (motions in limine, motions to compel)
☐ Research applicable statutes, regulations, and case law
☐ Prepare a prehearing brief (if required or permitted)

14 Days Before Hearing

☐ Confirm hearing date, time, and location with OAH or agency
☐ Prepare witnesses (review expected testimony and cross-examination)
☐ Prepare opening statement outline
☐ Prepare direct examination outlines for each witness
☐ Prepare cross-examination outlines for opposing witnesses
☐ Organize exhibits in hearing binders (original plus copies for ALJ and opposing party)
☐ Confirm any technology needs (video, audio, projector)

7 Days Before Hearing

☐ File final witness and exhibit lists per ALJ order
☐ Confirm witness availability and attendance
☐ Prepare closing argument outline
☐ Review all prehearing orders and comply with requirements
☐ Arrange travel and accommodations (if hearing is in another city)

Day of Hearing

☐ Arrive early and check in with ALJ or hearing clerk
☐ Bring original exhibits, copies for ALJ and opposing party
☐ Bring copies of relevant statutes and regulations
☐ Bring notepad and pen for notes during testimony
☐ Ensure witnesses are present and ready
☐ Dress professionally

SECTION 8: RIGHTS DURING THE HEARING

The following provisions apply when the cited APA adjudication sections govern. Agency-specific law may add, limit, or alter procedures.

8.1 Right to Counsel

Under AS 44.62.420(b), the hearing notice informs the respondent that the respondent may be present and may, but need not, be represented by counsel.

8.2 Right to Present Evidence

AS 44.62.460(b) permits each party to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on relevant matters, impeach witnesses, and rebut adverse evidence.

8.3 Right to Cross-Examine Witnesses

AS 44.62.460(b) permits cross-examination of opposing witnesses on matters relevant to the issues.

8.4 Right to a Record

Under AS 44.62.450(d), the proceedings must be reported by a reporter, recorder, or other adequate means of assuring an accurate record. Confirm transcript access and cost under the applicable agency rules.

8.5 Right to Subpoena Witnesses and Documents

Under AS 44.62.430, before the hearing begins the agency must issue subpoenas and subpoenas duces tecum at a party's request; after the hearing begins, the agency hearing the case or a hearing officer sitting alone may issue them. The requesting party bears the specified witness expenses.

8.6 Right to an Impartial Decision-Maker

AS 44.62.450(c) provides an affidavit procedure, before evidence is taken, for seeking disqualification when a fair and impartial hearing cannot be accorded. AS 44.62.630 separately requires impartial conduct and restricts ex parte communications. OAH matters may also be subject to AS 44.64.070.

8.7 Right to Written Decision

Under AS 44.62.510, a decision must be written and contain findings of fact, a determination of the issues, and any penalty.

8.8 Right to Appeal

AS 44.62.560 authorizes Superior Court judicial review of a final administrative order by notice of appeal under the applicable court rules. Confirm the current appeal trigger and deadline from the final decision, reconsideration history, statute, and court rules; this hearing-request worksheet does not calculate the judicial-review deadline.

SECTION 9: PROOF OF SERVICE

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Request for Administrative Hearing and all attached documents upon the following party(ies) by the method indicated:

Party Served:

Name: [________________________________]
Agency: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
[Use only a method authorized by the controlling notice, statute, regulation, or order.]
☐ Personal delivery
☐ United States Mail, first class, postage prepaid
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Additional Party Served (if applicable):

Name: [________________________________]
Agency/Firm: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Method of Service:
[Use only a method authorized by the controlling notice, statute, regulation, or order.]
☐ Personal delivery
☐ United States Mail, first class, postage prepaid
☐ Certified mail, return receipt requested (receipt no.: [________________________________])
☐ Email to: [________________________________]
☐ Facsimile to: [________________________________]

Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 10: PRACTICE NOTES AND TIPS

10.1 Identifying the Correct Forum

Before filing, confirm whether the request goes to the agency and may later be referred to OAH, or whether a different procedure controls. The adverse-action notice and agency-specific authority must supply the answer. OAH jurisdiction under AS 44.64.030 does not create the hearing right.

10.2 The 120-Day Clock

For a hearing governed by AS 44.64.060(d), the ALJ generally must prepare a proposed decision within 120 days after the agency received the request, subject to a different period provided by law or agreed upon by the parties and chief ALJ.

10.3 Informal Resolution

Consider whether authorized negotiation, mediation, or other resolution is appropriate. AS 44.64.040(b)(1) permits an OAH ALJ to engage in alternative dispute resolution under regulations adopted by the chief ALJ.

10.4 Burden of Proof

When AS 44.62.460(e) applies and no different standard is stated in applicable law, it assigns a preponderance burden based on the procedural posture: the petitioner bears it when an accusation was filed or renewal was denied; the respondent bears it when a right, authority, license, or privilege was initially denied or not issued. Confirm the party labels and any different agency-specific rule.

10.5 Evidence Rules

Under AS 44.62.460(d), technical evidence rules do not control; relevant evidence of the kind responsible persons rely on in serious affairs is admitted. Hearsay may supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action. Privileges remain effective, and irrelevant or unduly repetitious evidence is excluded.

10.6 Preserving the Record for Appeal

Create a clear record of evidence, objections, requested rulings, and the grounds for each position. Ask counsel to identify any issue-preservation rule that applies to the particular agency and appeal.

SECTION 11: OFFICIAL SOURCES

• AS 44.62.330-.630 — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=44.62.330&secEnd=44.62.630
• AS 44.64.010-.200 — Alaska Legislature, current official statutory text — https://www.akleg.gov/basis/statutes.asp?media=print&secStart=44.64.010&secEnd=44.64.200
• Use the adverse-action notice and the responsible agency's current official page for the agency-specific hearing right, deadline, form, recipient, and filing method.

This template is provided for informational purposes only and does not constitute legal advice. It is a preparation worksheet, not a universal filing form. Administrative hearing rights and procedures vary by agency and matter. Verify the hearing right, deadline, trigger, required contents, filing recipient, delivery method, stay authority, and review route from current official sources. An attorney licensed in Alaska must review and customize this packet before use.