Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Alaska — Alaska Administrative Procedure Act (AS 44.62)

CRITICAL DEADLINE NOTICE — READ BEFORE FILING

Under AS 44.62.540, a petition for reconsideration must be filed with the agency within 15 days after delivery or mailing of the agency's decision to the respondent. The agency's power to order reconsideration expires 30 days after delivery or mailing of the decision. If the agency takes no action on the petition within the time allowed for ordering reconsideration, the petition is deemed denied.

Effect on judicial review: Under AS 44.62.560 and Alaska Appellate Rule 602(a)(2), an appeal to the superior court is taken by filing a notice of appeal within 30 days after the agency's decision is mailed or otherwise distributed. If a request for agency reconsideration is timely filed, the 30-day period instead runs from the date the agency's reconsideration decision is mailed/distributed, or from the date the reconsideration request is deemed denied under agency regulations, whichever is earlier. Confirm the precise deadline with agency rules and counsel. If reconsideration is denied or deemed denied, a notice of appeal to the superior court must be filed promptly.

Note for DNR matters: Under AS 44.37.011, a person has a total of 20 days (including time under AS 44.62.540) to file a petition for reconsideration with the Commissioner of Natural Resources.

ABOUT THIS DOCUMENT

This Petition for Reconsideration is a formal request asking an Alaska state administrative agency to review and change its own decision or order. It is typically filed before seeking judicial review in the superior court. Filing this petition helps exhaust administrative remedies, which may be required before a court will hear the matter.

Common agencies where this petition is used:

• Alaska Department of Environmental Conservation (DEC)
• Alaska Division of Occupational Licensing / DCCED
• Alaska Department of Labor and Workforce Development
• Alaska Workers' Compensation Board
• Alaska Oil and Gas Conservation Commission
• Alaska Public Utilities Commission (RCA)
• Alaska Department of Revenue (tax matters)
• Alaska Department of Fish and Game
• Alaska Department of Natural Resources (DNR)
• Alaska Real Estate Commission and other licensing boards

GROUNDS FOR RECONSIDERATION CHECKLIST

Check all grounds that apply to this petition:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or legal standard

☐ Error of Fact / Findings Not Supported by Substantial Evidence — The agency's factual findings are not supported by the evidence in the record

☐ Newly Discovered Evidence — Material evidence exists that was not available and could not reasonably have been discovered or presented at the hearing

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of its delegated powers

☐ Decision Is Arbitrary, Capricious, or an Abuse of Discretion — The agency failed to provide a reasoned basis for its decision

☐ Procedural Error / Denial of Due Process — A procedural defect materially affected the outcome or the petitioner was denied a fair hearing

☐ Constitutional Violation — The decision or the underlying rule or action violates the Alaska or United States Constitution

☐ Mathematical or Clerical Error — The decision contains a computational or typographical error that affects the outcome

☐ Other: [________________________________]

PETITION FOR RECONSIDERATION

BEFORE THE [________________________________]
STATE OF ALASKA

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in underlying proceeding)

v.

[________________________________]
(Agency / Complainant / Other Party)

Case/Docket No.: [________________________________]

Agency Decision/Order No.: [________________________________]

Date of Agency Decision: [__/__/____]

PETITION FOR RECONSIDERATION PURSUANT TO AS 44.62.540

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AK [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
Professional License No. (if applicable): [________________________________]
Business/Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel (if represented):

Attorney Name: [________________________________]
Alaska Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AK [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Program (if applicable): [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], AK [____]
Agency Contact/Docket Clerk: [________________________________]

1.4 Other Parties of Record:

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis for Reconsideration:

This Petition is filed pursuant to AS 44.62.540 of the Alaska Administrative Procedure Act, which authorizes any party to a contested case to petition the agency for reconsideration of its decision.

2.2 Deadline Calculation:

The agency's decision was delivered or mailed on: [__/__/____]

The 15-day filing deadline under AS 44.62.540 expires on: [__/__/____]

This Petition is being filed on: [__/__/____]

This Petition is ☐ timely filed within the 15-day period / ☐ filed on the deadline date.

2.3 Agency Authority:

The [________________________________] (Agency) has authority over the subject matter of this proceeding pursuant to:

Statutory authority: [________________________________]
Regulatory authority: [________________________________]

2.4 Effect on Judicial Review:

Filing this Petition for Reconsideration affects the deadline for seeking judicial review under AS 44.62.560 and Alaska Appellate Rule 602(a)(2): the 30-day period for filing a notice of appeal with the superior court will run from the date the agency's reconsideration decision is mailed or otherwise distributed, or from the date this petition is deemed denied, whichever is earlier. Petitioner will monitor judicial review deadlines and will seek superior court review promptly if reconsideration is denied or deemed denied. Counsel should confirm the precise tolling effect with agency rules and current case law.

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Decision/Order Title: [________________________________]
Decision/Order Number: [________________________________]
Date Issued: [__/__/____]
Date Served/Mailed to Petitioner: [__/__/____]
Issuing Official/Hearing Officer: [________________________________]

3.2 Nature of the Proceeding:

☐ Licensing/certification decision (denial, suspension, revocation, or non-renewal)
☐ Regulatory enforcement action or civil penalty
☐ Permit or authorization denial or condition
☐ Environmental compliance order
☐ Workers' compensation determination
☐ Tax assessment or penalty
☐ Benefits denial or reduction
☐ Rate or tariff determination
☐ Other: [________________________________]

3.3 Summary of Decision Being Challenged:

[Provide a concise description of what the agency decided, ordered, or denied. State the specific outcome being challenged, e.g., "The Agency denied Petitioner's application for renewal of [License Type] License No. [____], citing alleged violation of [regulation]." Be precise and refer to page/paragraph numbers in the decision where possible.]

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

SECTION 4 — PROCEDURAL HISTORY

4.1 Origin of Proceeding:

Date complaint/application/notice initiated: [__/__/____]

Initiating party: [________________________________]

Nature of initial action: [________________________________]

4.2 Pre-Hearing Proceedings:

[Describe any investigative steps, informal conferences, prehearing motions, or discovery that occurred prior to the hearing.]

[________________________________]
[________________________________]
[________________________________]

4.3 Hearing:

☐ Formal evidentiary hearing was held
☐ Informal hearing / conference was held
☐ Matter was decided on the record without a hearing
☐ Default order issued

Hearing date(s): [__/__/____] through [__/__/____]
Presiding officer: [________________________________]
Location: [________________________________]

Witnesses who testified:

1. [________________________________]
2. [________________________________]
3. [________________________________]

Key documentary evidence admitted: [________________________________]

4.4 Proposed Decision (if applicable):

☐ A proposed decision / recommended order was issued on [__/__/____]
☐ Exceptions to proposed decision were filed on [__/__/____]
☐ No proposed decision was issued; agency issued final decision directly

4.5 Final Decision:

The final decision challenged by this petition was issued on [__/__/____] and served on [__/__/____].

SECTION 5 — STATEMENT OF FACTS

[Set forth the material facts relevant to the grounds for reconsideration. Be specific, cite to the hearing record, transcript pages, or exhibits where available. Distinguish between undisputed and disputed facts.]

5.1 Background Facts:

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

5.2 Facts Relevant to Ground 1 ([________________________________]):

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

5.3 Facts Relevant to Ground 2 ([________________________________]):

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

5.4 Facts Relevant to Ground 3 ([________________________________]) (if applicable):

[________________________________]
[________________________________]
[________________________________]

SECTION 6 — GROUNDS FOR RECONSIDERATION AND LEGAL ARGUMENT

Ground 1: [________________________________]

Legal Standard: [State the applicable legal standard for this ground, e.g., "Under AS 44.62._____, the agency must _____."]

[________________________________]
[________________________________]

Argument:

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

Supporting Authorities:

• Statute: [________________________________]
• Regulation: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Legal Standard: [________________________________]

Argument:

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

Supporting Authorities:

• Statute: [________________________________]
• Regulation: [________________________________]
• Case Law: [________________________________]

Ground 3 (if applicable): [________________________________]

Legal Standard: [________________________________]

Argument:

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

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency:

☐ Vacate the Decision/Order No. [________________________________] in its entirety

☐ Modify the Decision/Order as follows: [________________________________]

☐ Remand the matter for a new or supplemental hearing before a hearing officer

☐ Remand for additional findings of fact on the following issues: [________________________________]

☐ Stay enforcement of the Decision/Order pending resolution of this petition and any subsequent judicial review, pursuant to applicable agency rules

☐ Reduce the penalty/sanction imposed from [________________________________] to [________________________________] based on the following: [________________________________]

☐ Reinstate or grant the license/permit/authorization at issue

☐ Other relief: [________________________________]

Basis for Stay Request (if stay is requested):

• Likelihood of success on the merits: [________________________________]
• Irreparable harm if stay is denied: [________________________________]
• Balance of harms: [________________________________]
• Public interest: [________________________________]

SECTION 8 — EXHIBITS

The following exhibits are attached to and incorporated into this Petition:

SECTION 9 — VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Alaska that I have read the foregoing Petition for Reconsideration and that the facts stated herein are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], Alaska.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]
(Petitioner / Authorized Representative / Attorney)

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Alaska Bar No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], AK [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

Attorney for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Reconsideration upon the following parties by the method(s) indicated:

Party Served: [________________________________]
Address: [________________________________]
Method of Service:
☐ Personal delivery
☐ First-class U.S. Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested (Tracking No.: [________________________________])
☐ Electronic mail to: [________________________________]
☐ Agency electronic filing system
☐ Other: [________________________________]

Party Served: [________________________________]
Address: [________________________________]
Method of Service:
☐ Personal delivery
☐ First-class U.S. Mail, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Electronic mail to: [________________________________]

_________________________________
Signature of Person Effecting Service
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW INFORMATION

12.1 Agency Response Timeline:

Under AS 44.62.540, the agency's power to order reconsideration expires 30 days after delivery or mailing of the decision. If the agency does not act within that window, this petition is deemed denied.

12.2 If Reconsideration Is Denied:

If the petition is denied (expressly or by operation of law), Petitioner may seek judicial review by filing a notice of appeal with the Alaska Superior Court pursuant to AS 44.62.560 and Alaska Appellate Rule 602(a)(2). The notice of appeal must be filed within 30 days after the agency's reconsideration decision is mailed or otherwise distributed to Petitioner, or within 30 days after the petition is deemed denied, whichever is earlier. Confirm the applicable deadline with counsel immediately upon denial.

12.3 Scope of Judicial Review:

The Alaska Supreme Court has identified four standards of review applicable to administrative decisions (see Griswold v. City of Homer):

• Questions of fact: Substantial evidence test — whether the record contains such relevant evidence as a reasonable mind might accept as adequate to support the agency's factual findings.
• Questions of law involving agency expertise: Reasonable basis test — deferential review of the agency's interpretation of statutes/regulations within its special competence.
• Questions of law not involving agency expertise: Substitution of judgment test — the court exercises independent, non-deferential judgment.
• Validity of regulations: Reasonable and not arbitrary test.

Which standard applies depends on the specific issue raised; confirm the applicable standard with counsel and current case law for each ground argued in this petition.

12.4 Preservation of Issues:

To preserve issues for judicial review, they must generally be raised before the agency. Ensure all relevant legal arguments and factual objections are included in this petition.

This template was prepared for use in Alaska administrative proceedings. It must be reviewed and customized by a qualified attorney licensed in Alaska before use. Deadlines are jurisdictional and strictly enforced.