PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION
(Alaska Administrative Procedure Act, AS 44.62.560-.570)
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[JUDICIAL DISTRICT] JUDICIAL DISTRICT AT [LOCATION]
Case No.: _________________
[PETITIONER],
Petitioner,
v.
[RESPONDENT STATE AGENCY],
Respondent.
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction, Venue & Governing Law
- Parties
- Exhaustion of Administrative Remedies
- Statement of Facts
- Claims for Relief
- Prayer for Relief
- Verification
- Signature Block
1. DOCUMENT HEADER
1.1 Effective Date. This Petition for Judicial Review (the "Petition") is deemed filed on the date reflected by the Clerk's endorsement.
1.2 Recitals.
(a) Respondent [STATE AGENCY] ("Agency") issued a final decision dated [DATE OF DECISION] (the "Decision") imposing [DESCRIBE PENALTY/ORDER] against Petitioner.
(b) Petitioner timely seeks judicial review pursuant to the Alaska Administrative Procedure Act, AS 44.62.560-.570.
(c) Petitioner additionally seeks declaratory and injunctive relief pending final determination.
2. DEFINITIONS
"Administrative Record" - the complete record of the underlying agency proceeding.
"Agency" - [RESPONDENT STATE AGENCY FULL FORMAL NAME] and its officers, employees, agents, subdivisions, boards, and successors.
"Decision" - the final administrative decision issued by Agency on [DATE] in Case No. [AGENCY CASE NO.].
"Petitioner" - [PETITIONER FULL LEGAL NAME], including its officers, directors, employees, agents, successors, and assigns.
3. JURISDICTION, VENUE & GOVERNING LAW
3.1 Statutory Basis. This Court has jurisdiction under AS 44.62.560.
3.2 Venue. Venue is proper in this Court because Petitioner resides in [JUDICIAL DISTRICT] and/or the matter arose in this district.
3.3 Governing Law. This Petition is governed by the Alaska Constitution and the Alaska Administrative Procedure Act (AS 44.62.010 et seq.).
4. PARTIES
4.1 Petitioner. Petitioner [PETITIONER NAME] is a [DESCRIBE ENTITY TYPE] with its principal place of business at [ADDRESS].
4.2 Respondent. Respondent [STATE AGENCY] is a state administrative agency established under [CITE ENABLING STATUTE], with principal offices at [ADDRESS].
5. EXHAUSTION OF ADMINISTRATIVE REMEDIES
5.1 Petitioner participated fully in the underlying agency proceeding and preserved each objection stated herein.
5.2 The Agency issued its final Decision on [DATE]. No further intra-agency review is available; all administrative remedies are exhausted.
5.3 This Petition is filed within the statutory limitations period prescribed by AS 44.62.560(a).
6. STATEMENT OF FACTS
6.1 Overview. On [DATE], Agency commenced administrative enforcement against Petitioner alleging [SUMMARY OF ALLEGED VIOLATIONS].
6.2 Evidentiary Hearing. An evidentiary hearing was conducted on [DATE(S)] before [ALJ/HEARING OFFICER NAME].
6.3 The Decision. On [DATE], the Agency issued its final Decision finding [FINDINGS] and imposing [SANCTIONS].
6.4 Prejudice. The Decision adversely affects Petitioner by [DESCRIBE HARM].
7. CLAIMS FOR RELIEF
7.1 FIRST CAUSE OF ACTION - Judicial Review (AS 44.62.570)
Under AS 44.62.570, the Court may reverse or modify the agency decision if:
- ☐ The agency has not proceeded in the manner required by law
- ☐ The decision is not supported by the findings
- ☐ The findings are not supported by the evidence in the record
- ☐ The decision is contrary to law
7.2 SECOND CAUSE OF ACTION - Declaratory Relief
Petitioner seeks a judicial declaration that the Decision is void and unenforceable.
7.3 THIRD CAUSE OF ACTION - Injunctive Relief
Petitioner seeks injunctive relief barring enforcement of the Decision pending resolution.
8. PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for judgment as follows:
A. Reversal or modification of the Agency Decision;
B. Declaratory judgment that the Decision is null and void;
C. Preliminary and permanent injunctive relief;
D. Stay of enforcement per AS 44.62.560(d);
E. Costs and attorney's fees as permitted;
F. Other relief as just and proper.
9. VERIFICATION
I, [NAME], am the [TITLE] of Petitioner. I have read the foregoing Petition and the matters stated therein are true to my knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on [DATE], at [CITY, STATE].
___________________________________
[NAME], [Title]
10. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
Attorneys for Petitioner
By: ___________________________________
[ATTORNEY NAME]
Alaska Bar No. [####]
[ADDRESS]
[PHONE] | [EMAIL]
Dated: ____________________