Section 8 AAC 57.020 - Parties to an appeal of a final board decision or order(a) All individuals or entities that were parties in proceedings that resulted in issuance of a final decision or order of the board are parties to an appeal of that decision or order to the commission.(b) The party filing an appeal is the appellant.(c) If the director files an appeal, as provided in AS 23.30.127(a) and 8 AAC 57.030(a)(2), the director is the appellant.(d) All other parties to an appeal are appellees, regardless of their status in proceedings before the board.(e) If the director intervenes in an appeal, as provided in AS 23.30.127(a) and 8 AAC 57.030(a)(1), the director is an appellee.(f) An appellee may choose at any time to not participate in an appeal by filing a notice of nonparticipation. An appellee may choose to not participate in a motion for stay filed in an appeal, but still choose to participate in the remainder of the appeal, by filing a notice of nonparticipation that specifically states that the appellee chooses to not participate in the motion for stay, but chooses to participate in the remainder of the appeal. A decision or order issued in an appeal may apply to a nonparticipating appellee, including an order awarding attorney fees and costs to a successful party, as provided in AS 23.30.008(d) and 8 AAC 57.260.(g) If an individual who is a party to an appeal dies or is adjudged incompetent, the duly appointed representative of that deceased or incompetent individual may be substituted for that individual as a party to an appeal by filing a notice of substitution and copies of documents demonstrating appointment as representative.Eff. 12/5/2005, Register 176; am 4/21/2006, Register 178; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.127