A. 
Generally. Except as otherwise provided by this Code or by law, the provisions of this chapter apply to all quasijudicial proceedings and administrative hearings conducted by municipal officials, agencies, boards and commissions and the assembly. Where the provisions of this chapter are in conflict with the specific provisions of another law, statute or ordinance, the provisions of that law, statute or ordinance shall govern.
(AO No. 154-76; AO No. 91-173(S); AO No. 2015-23(S), § 13, 3-24-2015)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Administrative hearing"
means any hearing, formal conference or other proceeding before a municipal board, agency, commission or official which is required by law or by this Code as a condition precedent to the determination by such board, agency, commission or official of any matter relating to the rights, privileges, duties, obligations or remedies of an identified individual.
"Agency," "board" and "commission"
mean any elected or appointed body, department, division or other administrative organ of the municipality having any legislative, quasijudicial or administrative functions.
"Official"
means any person elected, appointed, named or employed by the municipality to conduct as part of his or her duties quasijudicial proceedings or administrative hearings.
"Quasijudicial proceeding"
means any hearing, formal conference or other proceeding before a municipal board, commission or official, to review the legality, appropriateness or wisdom of official actions taken on behalf of the municipality as they relate to the particular legal rights, privileges, duties, obligations or remedies of identified individuals.
(AO No. 154-76)
Where, under the terms of this Code, a quasijudicial proceeding is permitted to review any administrative decision, order, determination, finding or other official action taken on behalf of the municipality, any person aggrieved by the administrative action may appeal to the board, commission or official empowered by law to conduct such quasijudicial proceeding.
(AO No. 154-76)
An administrative hearing permitted under this Code to determine whether a right, authority, license, privilege or permit should be suspended, revoked, limited or conditioned shall be initiated by the filing of an accusation on behalf of the official, board or commission empowered to take such action. The accusation:
A. 
Shall set forth in writing, in ordinary and concise language, the acts or omissions with which the respondent is charged so that a defense may be prepared;
B. 
Shall specify the ordinance, statute or regulation which the respondent is alleged to have violated, but may not consist merely of charges phrased in the language of the statute and rule; and
C. 
Must be served personally on the respondent, or in compliance with the Alaska Rules of Court.
(AO No. 154-76)
An administrative hearing permitted under this Code to determine whether a right, authority, license, permit or privilege shall be granted, issued or reviewed is initiated by the filing of a written application for such administrative action with the official, board or commission empowered by law to take such action. The written application must identify the applicant, specify the nature of the right, authority, license, permit or privilege desired by the applicant, explain the reasons for such application, and recite the legal authority for such application. The application shall be served personally on the official, agency, board or commission empowered to make the decision.
(AO No. 154-76)
Where, under the provisions of this Code, a quasijudicial proceeding is permitted to review an administrative action, the appellant shall apply in writing to the official, board or commission empowered to hear such appeal and shall identify himself or herself, cite the administrative decision from which the appeal is taken, and in a succinct and coherent manner state the reasons for such appeal.
(AO No. 154-76)
A. 
Where an administrative hearing is allowed following an accusation as described in section 3.60.025, such hearing shall take place no less than 15 and no more than 30 days following the date of service of such accusation on the respondent unless the parties agree to extend or reduce the time for a hearing. Any changes in scheduling are subject to approval of the hearing officer.
B. 
Where an administrative hearing is permitted upon formal application by one seeking any right, authority, license, permit or privilege, such hearing shall take place no less than 15 and no more than 30 days following date of actual receipt of such application by the administrative official, agency, board or commission empowered to conduct such administrative hearing unless the parties agree to extend or reduce the time for a hearing. Any changes in scheduling are subject to approval of the hearing officer.
C. 
Where a quasijudicial proceeding is permitted to review any administrative action taken on behalf of the municipality, such proceeding shall take place no more than 30 days following the date a written notice of appeal as provided by section 3.60.035 is filed with the official, board or commission empowered to hear such appeal unless the parties agree to extend the time for a hearing. Any changes in scheduling are subject to approval of the hearing officer.
(AO No. 154-76; AO No. 95-180, § 1, 9-26-1995)
Administrative hearings and quasijudicial proceedings shall be conducted informally and may be governed by such rules and procedures as the official agency, board or commission empowered to conduct such hearings or proceedings may choose to establish, except that:
A. 
Parties may appear in person or through counsel.
B. 
Parties may present witnesses and evidence on their own behalf.
C. 
Parties or their counsel may cross examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against the party.
D. 
Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts.
E. 
All administrative hearings and quasijudicial proceedings shall be open to the public, unless otherwise agreed by all parties to such hearings or proceedings.
F. 
All parties shall have the right to subpoena witnesses and documents using a form provided by the municipal clerk and submitted to the municipal clerk for issuance at least five working days before the date of the hearing.
G. 
All administrative hearings and quasijudicial proceedings shall be memorialized by an electronic recording or a stenographic record.
(AO No. 154-76; AO No. 82-60)
Unless otherwise provided in this Code, officials, boards or commissions empowered to conduct quasijudicial proceedings may hear and decide de novo all matters appealed and may exercise independent judgment as to the weight of evidence supporting or refuting the findings of the administrative official, agency, board or commission from whose decision the appeal is taken, and may exercise independent judgment on legal issues raised by the parties. Decisions of administrative bodies or officials may be modified, remanded or affirmed by the reviewing official, agency, board or commission.
(AO No. 154-76)
No later than 15 days following an administrative hearing or quasijudicial proceeding conducted under this chapter, the official, agency, board or commission empowered to conduct an administrative hearing or proceeding shall issue a written decision based on findings and conclusions adopted by the official, agency, board or commission. Such findings must be in writing and must be reasonably specific so as to provide interested persons and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal. A final appealable decision must indicate that it is a final order and that a party disputing the decision has 30 days to appeal.
(AO No. 154-76; AO No. 95-180, § 2, 9-26-1995)
A decision of a board, commission or official reached at the conclusion of a quasijudicial proceeding or administrative hearing may be reconsidered or reheard only if:
A. 
There was substantial procedural error in the original proceedings;
B. 
The official, board or commission acted without jurisdiction in the original proceeding; or
C. 
The original decision was based on fraud or misrepresentation.
Any person seeking reconsideration or rehearing must file a request with the municipal clerk together with the materials supporting one or more of the grounds stated in this section within 15 days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding.
(AO No. 154-76)
Officials, boards or commissions while acting in their quasijudicial capacity shall be impartial in all matters both in fact and in appearance. No member of any board, commission or any official shall receive or otherwise engage in ex parte communications with the appellant, applicant or other parties adversely affected by the appeal or application or members of the public concerning the appeal or application or issues specifically presented in the notice of appeal either before the appeal hearing or during a period of time the matter is subject to reconsideration. This section shall not be deemed to prevent those charged with conducting administrative hearings or quasijudicial proceedings from discussing matters relating to the appeal among themselves or to prohibit communications between the municipal staff and such persons where staff members are themselves not named parties to an appeal or members of any body which has in its own name become an active party to the appeal.
(AO No. 154-76)
No person shall serve on any board or commission or as an administrative official empowered to conduct an administrative hearing or quasijudicial proceeding if:
A. 
That person or a member of his or her immediate family has a measurable financial interest in any property affected by the application or appeal;
B. 
That person or a member of his or her immediate family could foreseeably profit in any material way through resolution of the matters before such official, agency, board or commission; or
C. 
That person would be faced with a violation of the code of ethics of the municipality by voting on or participating in the application or appeal.
(AO No. 154-76)
The provisions of this chapter shall apply only to those appeals or applications for administrative decisions filed on or after the effective date of the ordinance from which this chapter is derived.
(AO No. 154-76)
A final decision issued under section 3.60.055 may be appealed to the Superior Court, Third Judicial District, within 30 days of the date the decision was issued. For the purposes of this section the date of issuance is the date upon which the decision was mailed or delivered to the parties.
(AO No. 95-180, § 3, 9-26-1995)