Application for Agency Stay Before Decision Becomes Effective - Alaska

APPLICATION FOR AGENCY STAY BEFORE DECISION BECOMES EFFECTIVE

STATUTORY GATE — READ FIRST

AS 44.62.520 applies to a decision in a contested case governed by the relevant Alaska Administrative Procedure Act provisions.

Under AS 44.62.520(a), a covered decision generally becomes effective 30 days after delivery or mailing to the respondent unless:

1. Reconsideration is ordered within that time;
2. The agency orders earlier effectiveness; or
3. A stay of execution is granted for a particular purpose and not to postpone judicial review.

Under AS 44.62.520(b), the agency may include a stay in the decision or grant one at any time before the decision becomes effective. The stay may require compliance with just and reasonable probation terms in light of the findings and decision.

This statute does not state a four-factor test and does not create general “inherent” agency authority to stay any order. OAH procedure under AS 44.64.060 does not itself create a stay right. Confirm that AS 44.62.520 and any agency-specific stay rule apply.

Eligibility Worksheet

If the decision is already effective, AS 44.62.520(b) does not authorize the agency to grant this stay. Determine whether another law provides relief and whether a superior-court stay is available after judicial review begins.

BEFORE THE [________________________________]

STATE OF ALASKA

In the Matter of: [________________________________]
Agency Case No.: [________________________________]

APPLICATION FOR STAY OF EXECUTION UNDER AS 44.62.520

Applicant [________________________________] asks the Agency to stay execution of [identify decision or portion] before it becomes effective.

1. APPLICANT AND DECISION

2. TIMELINESS AND AUTHORITY

This application is submitted before the decision becomes effective. AS 44.62.520 applies because:

[________________________________]

[________________________________]

Any additional agency-specific authority is:

[________________________________]

3. PARTICULAR PURPOSE OF STAY

The requested stay is for this particular purpose:

[________________________________]

[________________________________]

The stay is not requested merely to postpone judicial review. Applicant will protect and pursue all reconsideration or judicial-review deadlines independently because:

[________________________________]

4. PRACTICAL EFFECT OF EXECUTION BEFORE THE PURPOSE IS COMPLETED

If the decision takes effect before [event or purpose], the following specific consequences will occur:

[________________________________]

[________________________________]

Supporting evidence appears in Exhibits [____].

5. PROPOSED DURATION

Applicant asks that the stay remain in effect until the earliest of:

☐ [Specific date]
☐ The Agency acts on [specific pending matter]
☐ [Other definite event tied to the particular purpose]
☐ Further written order of the Agency

Requested end date or event: [________________________________]

6. PROPOSED CONDITIONS

AS 44.62.520(b) permits just and reasonable probation terms in light of the findings and decision.

Applicant proposes:

☐ Reporting to [________________________________] at [frequency]
☐ Limiting activity as follows: [________________________________]
☐ Supervision by [________________________________]
☐ Preserving records or property: [________________________________]
☐ Providing security or assurance if independently authorized: [________________________________]
☐ Other condition: [________________________________]

These conditions are just and reasonable because:

[________________________________]

7. RELIEF REQUESTED

Applicant asks the Agency to enter a written order that:

1. Grants a stay before the decision becomes effective;
2. Identifies the decision or provisions stayed;
3. States the particular purpose, duration, and any conditions;
4. Confirms the operative effective date while the stay remains in force; and
5. Provides any other relief authorized by agency-specific law: [________________________________].

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed name and title

OPTIONAL RECONSIDERATION COORDINATION

Under AS 44.62.540, a covered reconsideration petition must be filed within 15 days after delivery or mailing of the decision. The agency's power to order reconsideration expires 30 days after delivery or mailing. If no action is taken within that period, the petition is considered denied.

Filing a petition is not the same as the agency ordering reconsideration. AS 44.62.520(a)(1) refers to reconsideration being ordered. Do not assume a filed petition alone delays effectiveness or extends judicial-review time.

☐ Reconsideration petition filed on [__/__/____]
☐ Agency ordered reconsideration on [__/__/____]
☐ Separate appeal deadline calculated under AS 44.62.560 and Appellate Rule 602
☐ Agency-specific reconsideration rule checked

PROPOSED ORDER

ORDER ON APPLICATION FOR STAY OF EXECUTION

The Agency has reviewed Applicant's request under AS 44.62.520 and any applicable agency-specific law.

The application is:

☐ GRANTED
☐ GRANTED IN PART
☐ DENIED

If granted, execution of [identify provision] is stayed for the particular purpose of [________________________________] until [date or event], subject to these conditions:

[________________________________]

[________________________________]

The Agency's findings and reasons are:

[________________________________]

Date: [__/__/____]

_________________________________________
[Agency Decision-Maker]

FILING CHECKLIST

☐ Confirmed AS 44.62.520 applies to the decision
☐ Confirmed decision is not yet effective
☐ Identified a particular purpose other than postponing judicial review
☐ Proposed a definite duration or event
☐ Proposed only conditions authorized and justifiable on the record
☐ Preserved reconsideration and appeal deadlines separately
☐ Filed with the correct agency recipient and served all required parties
☐ Retained proof of receipt

OFFICIAL SOURCES

• AS 44.62.500-.540, official Alaska Legislature print range:
  https://www.akleg.gov/basis/statutes.asp?media=print&secStart=44.62.500&secEnd=44.62.540

• Alaska Administrative Code, official Alaska Legislature search for agency-specific rules:
  https://www.akleg.gov/basis/aac.asp

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Alaska before use. Verified against official Alaska statutory text current on August 9, 2026, with 34th Legislature bill-reference checks completed for the retained core statutes.