Rule 611. Petitions for Review—Procedure

(a) Filing.

(1) A petition for review of a district court order or

decision, with the filing fee, must be filed with the clerk of the

superior court within 10 days after the date of notice of the

challenged order or decision, along with proof of service on all

parties. Date of notice is defined in Civil Rule 58.1(c) and

Criminal Rule 32.3(c). The clerk of the superior court shall

proceed in accordance with Rule 403(a)(4).

(2) A petition for review of an order or decision of an

administrative agency, with the filing fee, must be filed with

the clerk of the superior court within 10 days after the date of

mailing or other distribution of the order or decision, along

with proof of service on all parties, including the

administrative agency that issued the order or decision. A copy

of the petition for review must also be served on the Chief

Administrative Law Judge of the Office of Administrative

Hearings, if that office heard the matter.

(3) The running of the time for filing a petition for

review is terminated by a timely motion for reconsideration in

the district court. The full time for a petition for review by any

party begins to run again on the date of notice, as defined in

Civil Rule 58.1(c) and Criminal Rule 32.3(c), or the date of

denial of the motion pursuant to Civil Rule 77(k)(4),

whichever is earlier.

(4) A judge of the superior court, for good cause shown,

may extend the time for filing. The party seeking review will

be known as the petitioner. All other parties to the proceedings

will be named as respondents.

(b) Other Matters.

(1) Cross Petitions and Petitions for Review of Multiple

Orders may be filed in accordance with the provisions of

Appellate Rule 403(a)(2) and (3).

(2) The Petition or Cross Petition shall conform to

Appellate Rule 403(b) through (e), except that the statement of

reasons why review should be granted is governed by Rule

610.

the proceedings

will be named as respondents.

(b) Other Matters.

(1) Cross Petitions and Petitions for Review of Multiple

Orders may be filed in accordance with the provisions of

Appellate Rule 403(a)(2) and (3).

(2) The Petition or Cross Petition shall conform to

Appellate Rule 403(b) through (e), except that the statement of

reasons why review should be granted is governed by Rule

610.

(c) Consideration by the Court. As soon as practicable, the

appellate court will decide whether to grant or deny the

petition. Oral argument will not be held on the question

whether the petition should be granted. If the petition is

granted, the order granting the petition will specify any further

actions to be required. If further briefing is ordered, oral

argument will be governed by the procedures set out in Rule

505.

(d) Stay.

(1) Judicial Proceeding. When a petition for review has

been filed, the superior court in its discretion may stay further

proceedings by the district court and the operation or

enforcement of the order or decision sought to be reviewed

upon such terms as to bond or otherwise as the court considers

proper for the security of the rights of the adverse party.

(2) Administrative Proceeding. When a petition for

review has been filed, the superior court may stay further

proceedings in an administrative agency and the operation or

enforcement of the order or decision sought to be reviewed

when the party seeking review establishes that irreparable

injury will result if the stay is not granted.

oper for the security of the rights of the adverse party.

(2) Administrative Proceeding. When a petition for

review has been filed, the superior court may stay further

proceedings in an administrative agency and the operation or

enforcement of the order or decision sought to be reviewed

when the party seeking review establishes that irreparable

injury will result if the stay is not granted.

(e) Relief Available. Upon consideration of a petition

for review, the superior court may affirm, modify, vacate, set

aside or reverse any order or decision of a district court or

administrative agency, and may remand the action or

proceeding and direct the entry of such appropriate judgment

or order, or require such further proceedings to be had, as may

be just under the circumstances.

Note:

AS 28.15.166(n), as amended by § 10 ch. 119 SLA

1990, amended Appellate Rule 603 and Appellate Rule 611 by

prohibiting an automatic stay of the administrative revocation

of a driver’s license pending appeal or petition for review and

by limiting the power of the court to stay the administrative

revocation of a driver’s license. AS 28.15.166(n) was also

amended by § 6 ch. 3 SLA 1992 to require that the court make

an additional finding before staying the revocation of a

commercial vehicle license. When the legislature adopted this

change, it took the steps necessary to revise Appellate Rule

603 but did not attempt to amend Appellate Rule 611.

Note:

Ch. 77 SLA 2002 (HB157), Section 2, adds new

Chapter 26 to Title 6 of the Alaska Statutes, concerning

providers of fiduciary services. According to Section 9 of the

Act, AS 06.26.760(b)(2) has the effect of amending Appellate

Rule 611 by postponing the deadlines set in the Alaska Rules

of Appellate Procedure for the filing of petitions for review to

the superior court from a district court of an administrative

agency by a trust company when the Department of

Community and Economic Development has taken possession

of the trust company.