Administrative Appeals To Superior Court Appellant Instructions {AP-210}

AP-210 (1/18)(tan cvr) APPELLANT INSTRUCTIONS Administrative Appeals To Superior Court* Board decisions) Court staff generally can inform you about court procedures, court rules, court records, and forms. Court staff must remain neutral and impartial. They are not allowed to give legal advice. Court staff cannot: advise you how statutes and rules apply to your case, tell you whether the documents you prepare properly present your case, tell you what the best procedures are to accomplish a particular objective, or interpret laws for you. If you need help with your case, you should talk to a lawyer. *For appeals from decisions 1016 W. 6th Ave., Anchorage, AK 99501, or call (907) 269-4980. The superior court cannot hear these appeals. January 2018 ALASKA COURT SYSTEM The forms referenced in this booklet are website: http://www.courts.alaska.gov/forms/index.htm American LegalNet, Inc. www.FormsWorkFlow.com 251 Copyright 1989, 1990, 1994, 2004, 2005, 2007, 2010, 2015, and 2018 Alaska Court System All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is hereby granted to governmental and non-profit educational institutions. However, reproduction of any part of this booklet for commercial purposes without the express written permission of the Alaska Court System is strictly prohibited. American LegalNet, Inc. www.FormsWorkFlow.com AP-210 (1/18)(cs) 1 INSTRUCTIONS FOR FILING AN APPEAL FROM AN ADMINISTRATIVE AGENCY TO THE SUPERIOR COURT NOTICE: Appeals to the superior court are governed by Appellate Rules 600-612. Further information may be found in AS 44.62 (the Administrative Procedure Act) and in the statutes cited in the agency decision you are appealing. Appeals are complicated, and you should consider seeing a lawyer if you want to appeal. I. DEFINITIONS A. ADMINISTRATIVE APPEAL. An administrative appeal is a review by the superior court of the final decision of a state or local government agency, board or commission. An appeal is not a new hearing or a trial. The superior court will not accept any new evidence. The only information the superior court will consider on appeal is the following: 1. the transcript of the administrative hearing (unless electronic recordings are authorized by the court); 2. any items offered as evidence at the hearing; 3. the documents and depositions in the agency file; and 4. legal briefs filed in the appeal. B. APPELLANT. The appellant is the party who files the appeal. C. APPELLEE. The appellee is the party who defends against the appeal. II. COPIES TO OTHER PARTIES The court rules require each party to send to all other parties a copy of any document which that party files with the court. Proof that this has been done must be shown on or attached to each document you file. It is called proof of service. The forms which the court provides for your use include a certificate of distribution section which, if completed, will satisfy the requirement for proof of service. Note: If another party is represented by an attorney, the documents must be served on the attorney instead of the party. Agencies are usually represented by an attorney. You should contact the agency to find out the name of the attorney representing the agency on appeal. See paragraph III.C. about where you must send copies of your notice of appeal and all attachments if you are appealing from the decision of a state agency. III. TO FILE AN APPEAL A. Who may file an appeal. Any party to an administrative hearing who believes that (a) the agency applied the law incorrectly, and/or (b) the decision was not supported by the evidence presented, may file an appeal. Appeals from decisions cannot be filed in the superior court. American LegalNet, Inc. www.FormsWorkFlow.com AP-210 (1/18)(cs) 2 B. When Can an Appeal be Filed. 1. An appeal to the superior court may be filed only after all administrative proceedings have been completed, including any available appeal or review proceedings within the agency. 2. A notice of appeal must be filed within 30 days from the date the order appealed from is mailed or otherwise distributed to you. 1 Appellate Rule 602(a)(2). If you file a timely request for reconsideration with the agency, the time for filing the notice of appeal may be extended. See Appellate Rule 602(a)(2). If you want to file a notice of appeal after the 30 days, you must file a Request and Order (form AP-135) asking the court to accept your late-filed appeal. Your request must state why your appeal is late. File your request at the time you file your notice of appeal. C. How to File an Appeal. To file an appeal, do the following: 1. Notice. File a Notice of Appeal (form AP-101) with a superior court. 2 3 2. Filing Fee. Except as stated below, you must either: a. pay a $250 filing fee (make your check or money order payable to "Clerk of Court"); or b. if you cannot afford to pay the filing fee, you may file a Request and Order (form AP-135) asking the court to waive the filing fee. A financial statement (form CR-206) must be filed with the request. File your request at the time you file your notice of appeal. No filing fee is necessary if you are appealing a decision by the Department of Labor under AS 23.20 (Employment Security Act). 4 3. Bond. No bond is required if you are appealing a denial of a claim for benefits under AS 23.20 (Employment Security Act). Appellate Rule 602(e)(2). In all other appeals from administrative agencies, you must file one of the following at the time you file your notice of appeal: a $750 cost bond; or a motion to waive or reduce cost bond. 1 For the 30-day time limit to apply, an agency must clearly indicate that its decision is a final order and that the claimant has 30 days to appeal. Manning v. Alaska Railroad Corporation, 853 P.2d 1120, 1124 (Alaska 1993) 2 According to Appellate Rule 60 3 Appellate Rule 602(c)(1)(D) 4 Administrative Rule 9(a)(3) American LegalNet, Inc. www.FormsWorkFlow.com AP-210 (1/18)(cs) 3 a. $750 Cost Bond. The purpose of filing a cost bond is to make sure the opposing party's costs to defend the appeal (attorney fees, etc.) will be paid by you if the appeal is dismissed or if you lose the appeal. To meet the cost bond requirement, you can either file a surety bond or make a cash deposit as described below: (1) Surety Bond. This is a document which guarantees payment of money if certain things occur. The person or company that writes the bond is called the surety. The surety guarantees the payment by becoming liable (responsible) for it. Such bonds are generally available from insurance companies or third parties qualified to write surety bonds. There will be a fee. The court system does not provide forms for surety bonds. (2) Cash Deposit. If you want to make a cash deposit with the court instead of filing a surety bond, complete the Cash Deposit on Appeal (form AP-110). Check the first box on the form, fill out the rest of it, acknowledge it before a court clerk or notary public and give it to the clerk along with your money. b. Motion to Waive or Reduce Cost Bond. Appellate Rule 204(c)(1) requires that the cost bond be for $750 unless the superior court fixes a lesser amount. If you think this amount is unnecessarily high because the expected appeal costs (including attorney fees) for the appellee will be considerably less than $750, you may file: (1) a Motion to Waive or Reduce Cost Bond (form AP-120); and (2) an Order Re Cost Bond (form AP-130). If you believe you cannot afford to post a $750 cost bond, you may file: (1) a Motion to Waive or Reduce Cost Bond (form AP-120); (2) an Order Re Cost Bond (form AP-130); and (3) a Financial Statement (form CR-206). The court will notify you of its decision. If the court orders a cost bond to be posted, you must file a surety bond or cash deposit in the amount set by the court or your appeal will be dismissed. c. Return of Bond After Appeal. After the appeal is decided, the court will send you and the appellee a notice that the bond will be released unless there is an objection. If you lose your appeal, the appellee may file an objection to the release of the bond or may request that the bond be applied