Section 8 AAC 57.250 - Dismissal of appeals for failure to prosecute(a) If an appellant fails to comply with AS 23.30.125 - 23.30.128, fails to comply with this chapter, fails to pay the cost of preparing the transcripts, as provided in 8 AAC 57.120(i) and (j), or fails to comply with an order of the chair or commission, the chair will issue written notice to the appellant that specifies the nature of the failure and states that the appeal may be dismissed for failure to prosecute if the appellant fails to take appropriate corrective action not later than 20 days after the date shown in the certificate of distribution, unless distributed by mail, of the written notice.(b) If under (a) of this section the appellant fails to take appropriate corrective action, the chair may issue an order to the appellant to show good cause in writing, not later than 20 days after the date shown in the certificate of distribution of the order, unless distributed by mail, why the appeal should not be dismissed.(c) The commission may dismiss an appeal, with or without a hearing, on the failure of the appellant to show good cause under (b) of this section.(d) An appellee may request that an appeal be dismissed for failure to prosecute by filing a motion that states the grounds for requesting dismissal.(e) Not later than 10 days after the date shown in the certificate of service, unless served by mail, of a motion for dismissal for failure to prosecute under (d) of this section, the appellant may file an opposition to the motion.(f) Following the filing of a motion under (d) of this section and any opposition under (e) of this section, the commission may issue an order dismissing an appeal for failure to prosecute, with or without a hearing.Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.009
AS 23.30.128