If the respondent does not file a notice of defense or does not appear at the hearing, the agency may take action based upon the respondent's express admissions or upon other evidence, and affidavits may be used as evidence without notice to the respondent. If the burden of proof is on the respondent to establish that the respondent is entitled to the agency action sought, the agency may act without taking evidence. Nothing in this chapter may be construed to deprive the respondent of the right to make a showing by way of mitigation.
Structure Alaska Statutes
Chapter 62. Administrative Procedure Act
Article 7. Administrative Adjudication.
Sec. 44.62.330. Application of AS 44.62.330 - 44.62.630.
Sec. 44.62.340. Delegation of power by agencies.
Sec. 44.62.350. Appointment of hearing officers.
Sec. 44.62.370. Statement of issues.
Sec. 44.62.380. Service of accusation.
Sec. 44.62.390. Notice of defense.
Sec. 44.62.400. Amended or supplemental accusation.
Sec. 44.62.410. Time and place of hearing.
Sec. 44.62.420. Form of notice of hearing.
Sec. 44.62.430. Subpoenas; witness fees.
Sec. 44.62.460. Evidence rules.
Sec. 44.62.470. Evidence by affidavit.
Sec. 44.62.480. Official notice.
Sec. 44.62.490. Amendment of accusation after submission.
Sec. 44.62.500. Decision in a contested case.
Sec. 44.62.510. Form and retroactivity of decision.
Sec. 44.62.520. Effective date of decision; stay.
Sec. 44.62.540. Reconsideration.
Sec. 44.62.550. Petition for reinstatement or reduction of penalty.
Sec. 44.62.560. Judicial review.
Sec. 44.62.570. Scope of review.
Sec. 44.62.600. Voting procedure.