Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 3 - Workers' Compensation
Chapter 57 - Appeals
8 AAC 57.075 - Procedure for petitions for review or cross-petitions for review of interlocutory or other non-final board decisions and orders

Universal Citation: 8 AK Admin Code 8 AAC 57.075

Current through November 28, 2024

(a) Unless a petition for reconsideration of an interlocutory or other non-final board decision or order is timely filed with the board under AS 44.62.540, a petition for review must be filed with the commission not later than 15 days after the date that the board filed the decision or order for which commission review is sought.

(b) If a petition for reconsideration of an interlocutory or other non-final board decision or order is timely filed with the board under AS 44.62.540, a petition for review must be filed with the commission not later than 15 days after the date that the board filed the reconsideration decision or the date that the petition for reconsideration is considered denied in the absence of any board action, whichever is earlier.

(c) When a petition for review is filed, any other party may file a cross-petition for review of the same decision or order. A cross-petition must be filed not later than 15 days after the date shown in the certificate of service, unless served by mail, of the petition for review.

(d) The party filing a petition for review is the petitioner. All other parties to the interlocutory or non-final board decision or order are respondents, regardless of their status in proceedings before the board. A party filing a cross-petition for review is a cross-petitioner.

(e) Upon the filing of a petition for review, the clerk shall promptly notify the board, informing the board of the date and number of the decision or order sought to be reviewed, the name of the party filing the petition, and the docket number assigned to the petition by the commission.

(f) A petition for review or cross-petition for review may not exceed 15 pages in length, exclusive of appendices, must conform to the requirements in 8 AAC 57.150(a), and must include

(1) the name, current mailing address, telephone number, and facsimile number or electronic mail address of the party filing the petition for review or cross-petition for review, or the party's attorney if the party is represented by an attorney;

(2) an entry of appearance by the attorney representing the petitioner if applicable;

(3) the names, current mailing addresses, telephone numbers, and facsimile numbers or electronic mail addresses of the other parties to the decision or order for which review is sought, or the parties' attorneys if the parties are represented by attorneys;

(4) a copy of the interlocutory or other non-final board decision or order for which review is sought, or a statement of the substance of the decision or order if it was rendered orally;

(5) a statement of the facts necessary to an understanding of the question determined by the board's decision or order;

(6) a statement of the issues sought to be reviewed;

(7) a statement of the reasons why review should not be postponed until appeal may be taken from a final decision or order;

(8) a statement of the reasons why the board's decision or order is alleged to be erroneous;

(9) a statement of the precise relief sought;

(10) an index of attachments; and

(11) proof of service on the office of the board panel involved and all parties to the board proceeding giving rise to the decision or order for which review is sought.

(g) Not later than 15 days after the date shown in the certificate of service, unless served by mail, of a petition for review or cross-petition for review, a party may file an opposition not exceeding 15 pages in length, exclusive of appendices. The opposition must conform to the requirements in 8 AAC 57.150(a), and must include

(1) objections to the commission's consideration of the petition for review or cross-petition for review; and

(2) proof of service on the office of the board panel involved and all parties to the board proceeding giving rise to the decision or order for which review is sought.

(h) A petitioner or cross-petitioner may not file a reply to an opposition filed under (g) of this section, unless ordered by the commission.

Authority:AS 23.30.008

AS 23.30.125

AS 23.30.127

AS 23.30.128

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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