Section 15.125.440. Procedures for contesting administrative subpoena.

	(a)  A person who is issued an administrative subpoena under AS 25.27.085 or AS 25.27.086 may request an administrative review in order to establish good cause for the person's refusal to comply with the subpoena.  A request for administrative review under this subsection must be made in writing and be filed within the time provided for compliance with the subpoena. The request must state the specific reasons for the administrative review and must include any documentation upon which the person intends to rely to establish good cause for noncompliance. The agency will, in its discretion, reject a request for review that does not comply with the requirements of this subsection.  
	(b)  Upon receipt of a request for an administrative review under (a) of this section, the agency will review the request and any supporting documentation and related information to determine whether there is good cause for the person's failure to comply with the subpoena.  The agency's review is limited to the following issues:  
		(1) a mistake in the identity of the person served with the subpoena; or  
		(2) a prohibition under law on release of the information.  
	(c)  The agency will issue a decision as soon as practicable after completion of the administrative review. An administrative appeal is not available from the administrative review decision issued under this subsection.  
	(d)  If a person who is issued an administrative subpoena under AS 25.27.085 or AS 25.27.086 fails to comply with the subpoena or request an administrative review of the subpoena within the time provided, the agency will, in its discretion, issue an order imposing the civil penalty provided under AS 25.27.085(d). An administrative appeal is not available from an order imposing a civil penalty under this subsection. The civil penalty provided by this subsection is not exclusive and is in addition to any other remedies available for noncompliance with an administrative subpoena, including license revocation and enforcement action under Alaska Rule of Civil Procedure 45(g).    

Authorities

25.27.020;25.27.085;25.27.086

Notes

Reference

15 AAC 05.010

Authority

AS 25.27.020 AS 25.27.085 AS 25.27.086

History

Eff. 10/1/98, Register 147