Sec. 44.62.560. Judicial review.

311 words·~1 min read·/ak/title-44/chapter-62/44-62-560

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Judicial review by the superior court of a final administrative order may be had by filing a notice of appeal in accordance with the applicable rules of court governing appeals in civil matters. Except as otherwise provided in this section, the notice of appeal shall be filed within 30 days after the last day on which reconsideration can be ordered, and served on each party to the proceeding. The right to appeal is not affected by the failure to seek reconsideration before the agency.

(b)The complete record of the proceedings, or the parts of it which the appellant designates, shall be prepared by the agency. A copy shall be delivered to all parties participating in the appeal. The original shall be filed in the superior court within 30 days after the appellant pays the estimated cost of preparing the complete or designated record or files a corporate surety bond equal to the estimated cost.

(c)The complete record includes

(1)the pleadings;

(2)all notices and orders issued by the agency;

(3)the proposed decision by a hearing officer;

(4)the final decision;

(5)a transcript of all testimony and proceedings;

(6)the exhibits admitted or rejected;

(7)the written evidence; and

(8)all other documents in the case.

(d)Upon order of the superior court, appeals may be taken on the original record or parts of it. The record may be typewritten or duplicated by any standard process. Analogous rules of court governing appeals in civil matters shall be followed where this chapter is silent, and when not in conflict with this chapter.

(e)The superior court may enjoin agency action in excess of constitutional or statutory authority at any stage of an agency proceeding. If agency action is unlawfully withheld or unreasonably withheld, the superior court may compel the agency to initiate action.