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. (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.(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.SCO 430 effective 11/15/1980; amended by SCO 494 effective 1/4/1982; by SCO 554 effective 4/4/1983; by SCO 1015 effective 1/15/1990; and by SCO 1113 effective 1/15/1993; and by SCO 1779 effective 10/15/2012; amended by SCO 1930 effective 4/15/2019.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 (HB 157 ), 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.