Petition for Judicial Review of Administrative Decision - Alaska

PETITION FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION — NOTICE OF APPEAL

Before filing: For a final Alaska agency order reviewable under AS 44.62.560, the initiating court filing is a notice of appeal under Alaska Appellate Rule 602. Rule 602(a)(2) ordinarily measures 30 days from mailing or distribution of the final decision, with a separate measure after timely agency reconsideration. Confirm the decision's finality, the agency's enabling law, and any different review route or time limit. Attach the final decision and the fee, cost bond, or permitted waiver documents that apply.

NOTICE OF APPEAL

Appellant [FULL LEGAL NAME], mailing address [________________________________], telephone [________________________________], and email [________________________________], appeals from the final order or decision of [FULL AGENCY NAME] in administrative matter [CASE NUMBER]. The agency issued the decision on [__/__/____] and delivered or mailed it on [__/__/____]. Exhibit A is a copy. The decision [DESCRIBE WHAT IT ORDERS]. This appeal challenges [ENTIRE DECISION / IDENTIFIED PARTS AND PAGES].

Appellant's interest and effect of the decision: [________________________________]

Other parties to the agency proceeding when the final order was entered, with current addresses: [________________________________]

Filing deadline and court location

The agency's decision was mailed or otherwise distributed to appellant on [__/__/____]. The decision ☐ clearly states it is final and gives 30 days to appeal ☐ does not; describe its finality language: [________________________________]. Under Appellate Rule 602(a)(2), the ordinary appeal deadline is 30 days after mailing or distribution of a final decision that gives the required notice: [__/__/____]. If a timely agency reconsideration request was filed, the appeal deadline instead is 30 days after the reconsideration decision was mailed or distributed, or after the request was deemed denied under agency regulations, whichever is earlier. The applicable event was [DESCRIBE AND DATE], and the resulting deadline is [__/__/____]. This notice is filed on [__/__/____]. Confirm any agency-specific exception and the effect of an incomplete finality notice before relying on the calculated date.

☐ A timely reconsideration request was filed on [__/__/____]; decision mailed/distributed or request deemed denied on [__/__/____] under [AGENCY RULE].

☐ Reconsideration was not requested. AS 44.62.560(a) preserves the right to appeal without it.

This court location best serves the convenience of the parties under Appellate Rule 602(b)(2), unless another venue law governs, because [IDENTIFY WHERE PARTIES, HEARING, RECORD, AND WITNESSES ARE LOCATED].

Statement of points on appeal — Appellate Rule 602(c)(1)(A)

The grounds below identify the matters submitted for review. For each point, cite the decision and record, state the legal or factual error, and explain why it affected the result. AS 44.62.570(b) addresses jurisdiction, a fair hearing, and prejudicial abuse of discretion; subsection (c) addresses challenges to evidentiary findings. Select only grounds supported by this record.

Point 1 — [SHORT TITLE]: The agency erred by [EXACT ACTION OR OMISSION]. The decision states [FINDING/CONCLUSION AT PAGE OR PARAGRAPH]. The contrary record is [TRANSCRIPT, EXHIBIT, OR RECORD PAGE]. The governing authority is [________________________________]. The error matters because [SPECIFIC EFFECT ON RESULT].

Point 2 — [SHORT TITLE]: The agency erred by [EXACT ACTION OR OMISSION]. The decision states [FINDING/CONCLUSION AT PAGE OR PARAGRAPH]. The contrary record is [TRANSCRIPT, EXHIBIT, OR RECORD PAGE]. The governing authority is [________________________________]. The error matters because [SPECIFIC EFFECT ON RESULT].

Additional points or continuation page: [________________________________]

Record designation

☐ Complete administrative record requested.

☐ Only these portions of the record are designated under AS 44.62.560(b): [DESCRIBE BY DATE, TITLE, AND PAGE].

Agency record custodian, if known: [________________________________]

Relief requested

Appellant asks the court, under AS 44.62.570(e), to [SET ASIDE / MODIFY / REMAND] the order based on the points identified above, and to grant any further relief authorized by the governing law: [________________________________].

If a stay is needed, appellant will file a separate supported motion under AS 44.62.570(f)–(g) and Appellate Rule 603. AS 44.62.560(d) addresses the form of the record and appellate procedure where the chapter is silent; it is not stay authority.

Filing attachments — Appellate Rule 602(c)

☐ Exhibit A: copy of the final agency decision.

☐ Statement of points (included above and on any signed continuation page).

☐ Filing fee under Administrative Rule 9, if required, or motion seeking permitted relief from payment.

☐ Cost bond under Rule 602(e), if required, or motion for permitted waiver, reduction, extension, or substitute.

☐ Proof of service on the persons identified below and every other party to the agency proceeding.

Signature: [________________________________] Date: [__/__/____]

Printed name and capacity: [________________________________]

Address, telephone, email: [________________________________]

Certificate of service

On [__/__/____], I served this notice of appeal, its statement of points, and its attachments by [AUTHORIZED METHOD] on the following at the listed addresses. The delivery records or declarations are attached as [________________________________].

Signature: [________________________________] Date: [__/__/____]

Official sources

• Alaska Administrative Procedure Act, AS 44.62.540–.570
• Alaska Rules of Appellate Procedure, Part VI