Ward v. Alaska, Board of Registration for Architects, 062212 AKAEL, 3AN-11-8665CI

Docket Nº:3AN-11-8665CI
Party Name:MICHAEL WARD, Appellant, v. ALASKA, BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS & LAND SURVEYORS Appellee.
Case Date:June 22, 2012
Court:Superior Court of Alaska
 
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MICHAEL WARD, Appellant,

v.

ALASKA, BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS & LAND SURVEYORS Appellee.

No. 3AN-11-8665CI

Superior Court of Alaska, Third Judicial District, Anchorage

June 22, 2012

Clarification Regarding the Order of May 18, 2012

On May 18, 2012, this Court set aside the Appellee's decision of May 5, 2011, as a prejudicial abuse of discretion. The decision was not made in compliance with Alaska law. On May 31, 2012, the Appellee filed a motion requesting clarification of the following language in the May 18 order:

The Board's decision of May 5, 2011, is therefore set aside and the matter is remanded to the agency to make a final determination which complies with the applicable statutes. The Board has 45 days from the date of this order, or until the next regularly scheduled meeting, to submit its determination to the Court for review or else the administrative law judge's proposed decision will be considered a final decision.

The Appellee requests clarification on whether it can address the Court's order at the next regularly scheduled board meeting on August 2-3, 2012, and precisely how long following the meeting it has to comply with the order before the administrative law judge's proposed decision becomes the final decision.

In accordance with Alaska Statute 44.64.060(c), an agency shall act "'within 45 days after the date the [administrative law judge's] proposed decision is served or at the next regularly scheduled meeting that occurs at least 45 days after the proposed decision is served." Under Alaska Statute 44.64.060(f), the proposed...

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