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 provides the forms and guidance necessary to request a contested case administrative hearing before an Alaska state agency or the Alaska Office of Administrative Hearings (OAH). Use this packet when you have received an adverse agency action and wish to contest it through a formal hearing process.

1.2 Governing Law

Alaska administrative hearings are governed by two primary statutory frameworks:

• Alaska Administrative Procedure Act (APA): AS 44.62.330-44.62.630, which governs administrative adjudication procedures including accusations, statements of issues, notice of defense, and hearing conduct for agencies listed in AS 44.62.330.
• Office of Administrative Hearings Act: AS 44.64.010-44.64.200, which established the centralized OAH within the Department of Administration. When an agency receives a hearing request subject to AS 44.64.030, it must either deny the request within 10 days or grant it and refer the case to OAH.
• OAH Regulations: 2 AAC 64 sets forth detailed procedural rules for hearings conducted by OAH administrative law judges (ALJs).

1.3 Centralized vs. Agency-Specific Hearings

Alaska uses a centralized hearing system through OAH for most contested cases. Under AS 44.64.030, the following agencies are required to refer contested cases to OAH:

• Department of Administration
• Department of Commerce, Community, and Economic Development
• Department of Corrections
• Department of Environmental Conservation
• Department of Health
• Department of Labor and Workforce Development
• Department of Revenue
• Department of Transportation and Public Facilities
• Various professional licensing boards
• Other agencies as designated by statute

Note: Some agencies retain independent hearing authority. Always verify whether your specific agency refers cases to OAH or conducts its own hearings.

SECTION 2: FILING DEADLINE WARNING

CRITICAL DEADLINE NOTICE

You must file your hearing request within the time period specified in the agency's notice of adverse action. Failure to file within the deadline constitutes a waiver of your right to a hearing.

Common Alaska deadlines include:

If your deadline has passed: Contact the agency or OAH immediately. In some circumstances, late filings may be accepted for good cause shown.

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

BEFORE THE ALASKA OFFICE OF ADMINISTRATIVE HEARINGS

(or applicable agency hearing office)

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. STATUTORY BASIS FOR HEARING RIGHT

Petitioner is entitled to a contested case hearing pursuant to:

☐ AS 44.62.370-44.62.630 (APA Administrative Adjudication)
☐ AS 44.64.030 (OAH Jurisdiction)
☐ Other statute: [________________________________]
☐ Agency regulation: [________________________________]
☐ Due process clause, Alaska Constitution Art. I, Sec. 7

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 deadline, state grounds for good cause:

[________________________________]
[________________________________]
[________________________________]

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. REQUEST FOR DISCOVERY

☐ Petitioner requests discovery in this matter, including:
☐ 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 OF AGENCY ACTION

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

Grounds for Stay:

1. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

2. Irreparable harm if no stay is granted:
   [________________________________]
   [________________________________]

3. Balance of equities favors a stay:
   [________________________________]
   [________________________________]

4. Stay is in the public interest:
   [________________________________]
   [________________________________]

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 AND VERIFICATION

I declare under penalty of perjury that the information provided in this request is true and correct to the best of my knowledge. I understand that filing this request initiates a contested case proceeding and that I have the right to be represented by an attorney.

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 (if applicable under AS 44.62.390 -- within 15 days)
☐ Filing fee paid (if required by the specific agency)
☐ Filed within the applicable deadline
☐ Original filed with the correct office:
☐ Alaska Office of Administrative Hearings (if OAH jurisdiction), or
☐ Agency hearing office (if agency retains hearing authority)
☐ Copy served on agency/opposing party by:
☐ Personal service
☐ Certified mail, return receipt requested
☐ First class mail
☐ Email (if permitted by agency rules)
☐ Proof of service completed and attached
☐ Retained copy for personal records
☐ Calendar the following dates:
☐ Response deadline for agency (10 days per AS 44.64.060 for OAH cases)
☐ Prehearing conference date (when scheduled)
☐ Discovery deadlines
☐ Hearing date
☐ Notified employer (if professional license matter and required)
☐ Verified correct mailing address for OAH or agency

OAH Filing Address:
Alaska Office of Administrative Hearings
P.O. Box 110231
Juneau, AK 99811-0231

Physical Address: 550 West 7th Avenue, Suite 1940, Anchorage, AK 99501

OAH Website: https://oah.doa.alaska.gov/

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 with appropriate subject-matter expertise. The ALJ manages the case from prehearing through decision.

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

Parties may engage in discovery as permitted by the ALJ, including document requests, interrogatories, depositions, and subpoenas. The ALJ may issue protective orders.

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, the ALJ must issue a proposed decision within 120 days after the agency received the hearing request (unless a different period is provided by law or agreed upon by the parties and chief ALJ).

6.7 Proposals for Action

Within 30 days after the proposed decision is served, a party may file a proposal for action with the agency, requesting the agency modify the ALJ's proposed decision.

6.8 Final Agency Decision

The agency head reviews the proposed decision and, within 45 days (or at the next regularly scheduled meeting at least 45 days later), must:

• 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

Under Alaska law, you have the following rights in a contested case hearing:

8.1 Right to Counsel

You have the right to be represented by an attorney at your own expense. You may also choose to represent yourself (pro se). Under AS 44.62.460, every party has the right to appear in person or by counsel.

8.2 Right to Present Evidence

You have the right to present documentary evidence, physical evidence, and witness testimony in support of your case. The hearing is your opportunity to create the record upon which the decision will be based.

8.3 Right to Cross-Examine Witnesses

You have the right to cross-examine any witness presented by the agency or any other party. This is a fundamental due process right in contested case proceedings.

8.4 Right to a Record

The hearing must be recorded. Under AS 44.62.500, oral proceedings shall be recorded and the recording shall be maintained for at least two years. You may request a transcript at your own expense.

8.5 Right to Subpoena Witnesses and Documents

Under AS 44.62.430, the ALJ or presiding officer may issue subpoenas for the attendance of witnesses and for the production of documents. You may request subpoenas through the ALJ.

8.6 Right to an Impartial Decision-Maker

The ALJ must be impartial and free from conflicts of interest. Under AS 44.64.050, you may request disqualification of an ALJ for bias or conflict of interest.

8.7 Right to Written Decision

You are entitled to a written decision that includes findings of fact and conclusions of law.

8.8 Right to Appeal

You have the right to seek judicial review of a final agency decision in the Alaska Superior Court under AS 44.62.560. The petition for review must be filed within 30 days of the final agency decision.

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:
☐ 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:
☐ 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 your matter goes to OAH or to the agency's own hearing office. Check the notice of adverse action -- it should identify the hearing process. If uncertain, contact OAH at (907) 269-8170.

10.2 The 120-Day Clock

Once the agency receives your hearing request (for OAH cases), the ALJ must issue a proposed decision within 120 days per AS 44.64.060(e). This is a tight timeline. Be prepared to move quickly through discovery and hearing preparation.

10.3 Informal Resolution

Many cases settle before or during the hearing. Consider whether the agency is amenable to negotiation or mediation. OAH ALJs may facilitate settlement discussions.

10.4 Burden of Proof

In most contested cases, the agency bears the burden of proof by a preponderance of the evidence when it seeks to revoke or suspend a license. When you are seeking issuance of a license or benefit, you typically bear the burden to show entitlement.

10.5 Evidence Rules

Administrative hearings in Alaska follow relaxed evidence rules. Hearsay may be admitted but cannot be the sole basis for a finding of fact unless it would be admissible over objection in a civil action. See AS 44.62.460(e).

10.6 Preserving the Record for Appeal

If you intend to seek judicial review, you must preserve issues in the administrative record. Objections must be stated on the record. Issues not raised at the hearing level are generally waived on appeal.

SECTION 11: KEY CONTACTS AND RESOURCES

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency and by the type of action being contested. You must have this template reviewed and customized by a qualified attorney licensed in Alaska before use. Filing deadlines are strictly enforced -- verify all deadlines with the specific agency or OAH before relying on this template.