Sec. 43.05.465. Decision; reconsideration; finality.

440 words·~2 min read·/ak/title-43/chapter-5/43-05-465

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(a)Within 180 days after the record on the appeal is closed, the administrative law judge shall issue a decision in writing. The decision must contain a concise statement of reasons for the decision, including findings of fact and conclusions of law. In the decision, the administrative law judge may grant relief, provide remedies, and issue any order that is appropriate. The administrative law judge shall serve each party in the case with a copy of the decision. Unless reconsideration is ordered under

(c)of this section, the decision under this subsection is the final administrative decision.

(b)A party may request reconsideration of a decision issued under

(a)of this section within 30 days after the date of service shown in the certificate of service of the decision. The request must state specific grounds for reconsideration. Reconsideration may be granted if, in reaching the decision, the administrative law judge has

(1)overlooked, misapplied, or failed to consider a statute, regulation, court or administrative decision, or legal principle directly controlling;

(2)overlooked or misconceived some material fact or proposition of law;

(3)misconceived a material question in the case; or

(4)applied law in the ruling that has subsequently changed.

(c)The administrative law judge may issue an order for reconsideration of all or part of the decision upon request of a party. Reconsideration is based on the record, unless the administrative law judge allows additional evidence and argument. A hearing on reconsideration at which additional evidence or argument is offered or received is subject to the procedures applicable to a hearing under AS 43.05.455 .

(d)The power to order reconsideration expires 60 days after the date of service, as shown on the certificate of service, of a decision issued under

(a)of this section. If the administrative law judge does not issue an order for reconsideration within the time allowed for ordering reconsideration, a motion for reconsideration is considered denied.

(e)Within 60 days after the close of the record on reconsideration, the administrative law judge shall issue a written decision upon reconsideration. The administrative law judge shall serve each party in the case with a copy of the decision upon reconsideration. The decision upon reconsideration is the final administrative decision.

(f)A final administrative decision becomes final either on the date

(1)60 days after the date of service of a decision issued under

(a)of this section if an order for reconsideration is not issued; or

(2)the decision upon reconsideration is served, as shown by the certificate of service executed by the administrative law judge under

(e)of this section.