(a) Within 10 days after receipt of the hearing officer’s report, either party may protest the officer’s findings of fact, conclusions of law, and recommendation, and, if a protest is filed, shall serve a copy on the other party. Oral argument before the personnel board must be provided only if requested by either party. The board chair shall set the deadline for submission of requests for oral argument, and set the dates for submission of briefs and oral argument before the board, if requested.
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Terms Used In Alaska Statutes 39.52.370

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
(b) The board may issue subpoenas under Alaska Stat. § 39.52.380, and may, for good cause shown, augment the hearing record, in whole or in part, or hold a hearing de novo.
(c) The personnel board shall review each report submitted by a hearing officer and shall either adopt or amend the findings of fact, conclusions of law, and recommendation of the officer. Deliberations of the personnel board must be conducted in sessions not open to the public.
(d) If the personnel board determines that a violation occurred, it may impose the penalties in Alaska Stat. § 39.52.410, 39.52.440, and 39.52.450, as appropriate. If the board determines that no violation occurred, the board shall issue a written order of dismissal.
(e) The personnel board secretary shall promptly notify the parties and the public officer’s designated supervisor of the board’s action.
(f) The subject of the accusation may appeal the personnel board’s decision by filing an appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.
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