Administrative Law

  • Exxon Mobil Corporation v. Department of Revenue
    ADMINISTRATIVE LAW, CIVIL PROCEDURE Adam Beyer In Exxon Mobil Corporation v. Department of Revenue, 488 P.3d 951 (Alaska 2021), the supreme court held that a Department of Revenue advisory bulletin was not a challengeable regulation for the purposes of the state’s Administrative Procedures Act and that the parties’ tax dispute was therefore not ripe. (Id. at 952). ...
  • North Slope Borough v. State, Department of Education & Early Development
    ADMINISTRATIVE LAW Sasha Kahn In North Slope Borough v. State, Department of Education & Early Development, 484 P.3d 106 (Alaska 2021), the supreme court held that when summary adjudication has been stipulated to in an agency proceeding, and therefore no factual dispute is up for debate, the hearing officer need only apply a reasonable basis standard in ...
  • Espindola v. Peter Pan Seafoods, Inc.         
    ADMINISTRATIVE LAW Sasha Kahn In Espindola v. Peter Pan Seafoods, Inc., 486 P.3d 1116 (Alaska 2021), the supreme court held that while the Alaska Workers’ Compensation Board has authority to weigh the evidence provided by medical opinions, if the Board’s crucial findings are not supported by the record, under the substantial evidence standard, it has committed error. ...
  • Creekside Ltd. Partnership v. Alaska Housing Finance Corp.
    ADMINISTRATIVE LAW Peter Graham In Creekside Ltd. Partnership v. Alaska Housing Finance Corp., 482 P.3d 377 (Alaska 2021), the supreme court held that a housing developer could not terminate the extended affordability period under its Low-Income Housing Tax Credit Program development before the end of the 15-year extended affordability period when a condition of its acceptance into ...
  • State, Department of Corrections v. Porche
    ADMINISTRATIVE LAW Sloane Bessey In State, Department of Corrections v. Porche, 485 P.3d 1010 (Alaska 2021), the supreme court held that records from an unsubstantiated internal agency investigation are exempted from disclosure by the Alaska Open Records Act. (Id. at 1018). In May 2018, Porche was informed by the Department of Corrections (DOC) that he had been ...
  • Basey v. State, Department of Public Safety
    ADMINISTRATIVE LAW Savannah Artusi In Basey v. State, Department of Public Safety, the supreme court held that state employee disciplinary records are confidential and thus exempt from disclosure under the Alaska Public Records Act. After being convicted of federal crimes, Basey requested records related to his investigation, including disciplinary records for two Alaska State Troopers. Although the ...
  • West v. Alaska Mental Health Trust Authority
    ADMINISTRATIVE LAW Mike Keramidas   West v. Alaska Mental Health Trust Authority In West v. Alaska Mental Health Tr. Auth., 467 P.3d 1064 (Alaska 2020), the supreme court held that the Land Office of the Alaska Mental Health Trust Authority acted in the Trust’s best interest when it sold five lots of land. (Id. at 1066). Louis and Stacy ...
  • Baker v. Alaska State Commission for Human Rights
    ADMINISTRATIVE LAW EMPLOYMENT LAW Kate Goldberg   Baker v. Alaska State Commission for Human Rights In Baker v. Alaska State Commission for Human Rights, 476 P.3d 1120 (Alaska 2020), the supreme court held a commission’s dismissal of a discrimination complaint was not so arbitrary and capricious as to offend due process (id. at 1127) and there was no substantial evidence ...
  • Alaska Public Defender Agency v. Superior court
    In Alaska Public Defender Agency v. Superior court, the supreme court held that neither the Public Defender Agency (Agency) nor the Division of Juvenile Justice (DJJ) were statutorily required to pay the costs of an indigent juvenile who is unable to afford the travel expenses to his adjudication trial. J.B., a juvenile facing delinquency charges ...
  • Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC
    In Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC, the supreme court held that the common usage of the term “same community” applies for the purposes of the statutory exemption allowing ambulatory surgical facilities to relocate within the same community without obtaining a certificate of need from the Alaska Department of Health and ...

Administrative Law

  • Exxon Mobil Corporation v. Department of Revenue
    ADMINISTRATIVE LAW, CIVIL PROCEDURE Adam Beyer In Exxon Mobil Corporation v. Department of Revenue, 488 P.3d 951 (Alaska 2021), the supreme court held that a Department of Revenue advisory bulletin was not a challengeable regulation for the purposes of the state’s Administrative Procedures Act and that the parties’ tax dispute was therefore not ripe. (Id. at 952). ...
  • North Slope Borough v. State, Department of Education & Early Development
    ADMINISTRATIVE LAW Sasha Kahn In North Slope Borough v. State, Department of Education & Early Development, 484 P.3d 106 (Alaska 2021), the supreme court held that when summary adjudication has been stipulated to in an agency proceeding, and therefore no factual dispute is up for debate, the hearing officer need only apply a reasonable basis standard in ...
  • Espindola v. Peter Pan Seafoods, Inc.         
    ADMINISTRATIVE LAW Sasha Kahn In Espindola v. Peter Pan Seafoods, Inc., 486 P.3d 1116 (Alaska 2021), the supreme court held that while the Alaska Workers’ Compensation Board has authority to weigh the evidence provided by medical opinions, if the Board’s crucial findings are not supported by the record, under the substantial evidence standard, it has committed error. ...
  • Creekside Ltd. Partnership v. Alaska Housing Finance Corp.
    ADMINISTRATIVE LAW Peter Graham In Creekside Ltd. Partnership v. Alaska Housing Finance Corp., 482 P.3d 377 (Alaska 2021), the supreme court held that a housing developer could not terminate the extended affordability period under its Low-Income Housing Tax Credit Program development before the end of the 15-year extended affordability period when a condition of its acceptance into ...
  • State, Department of Corrections v. Porche
    ADMINISTRATIVE LAW Sloane Bessey In State, Department of Corrections v. Porche, 485 P.3d 1010 (Alaska 2021), the supreme court held that records from an unsubstantiated internal agency investigation are exempted from disclosure by the Alaska Open Records Act. (Id. at 1018). In May 2018, Porche was informed by the Department of Corrections (DOC) that he had been ...
  • Basey v. State, Department of Public Safety
    ADMINISTRATIVE LAW Savannah Artusi In Basey v. State, Department of Public Safety, the supreme court held that state employee disciplinary records are confidential and thus exempt from disclosure under the Alaska Public Records Act. After being convicted of federal crimes, Basey requested records related to his investigation, including disciplinary records for two Alaska State Troopers. Although the ...
  • West v. Alaska Mental Health Trust Authority
    ADMINISTRATIVE LAW Mike Keramidas   West v. Alaska Mental Health Trust Authority In West v. Alaska Mental Health Tr. Auth., 467 P.3d 1064 (Alaska 2020), the supreme court held that the Land Office of the Alaska Mental Health Trust Authority acted in the Trust’s best interest when it sold five lots of land. (Id. at 1066). Louis and Stacy ...
  • Baker v. Alaska State Commission for Human Rights
    ADMINISTRATIVE LAW EMPLOYMENT LAW Kate Goldberg   Baker v. Alaska State Commission for Human Rights In Baker v. Alaska State Commission for Human Rights, 476 P.3d 1120 (Alaska 2020), the supreme court held a commission’s dismissal of a discrimination complaint was not so arbitrary and capricious as to offend due process (id. at 1127) and there was no substantial evidence ...
  • Alaska Public Defender Agency v. Superior court
    In Alaska Public Defender Agency v. Superior court, the supreme court held that neither the Public Defender Agency (Agency) nor the Division of Juvenile Justice (DJJ) were statutorily required to pay the costs of an indigent juvenile who is unable to afford the travel expenses to his adjudication trial. J.B., a juvenile facing delinquency charges ...
  • Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC
    In Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC, the supreme court held that the common usage of the term “same community” applies for the purposes of the statutory exemption allowing ambulatory surgical facilities to relocate within the same community without obtaining a certificate of need from the Alaska Department of Health and ...