NOTICE OF PROPOSED CHANGES TO THE REGULATIONS OF THE ALASKA WORKERS’ COMPENSATION APPEALS COMMISSION REGARDING APPEALS, PETITIONS FOR REVIEW, AND CERTAIN COMMISSION ORDERS

BRIEF DESCRIPTION

The Alaska Workers’ Compensation Appeals Commission proposes to change regulations regarding appeals, petitions for review, and certain commission orders.

The Alaska Workers’ Compensation Appeals Commission proposes changes to 8 AAC 57 of the Alaska Administrative Code to clarify appeal and petition for review procedures and allow the clerk to issue certain orders, as follows:

1. Amend 8 AAC 57.010 to add “petition for review” to clarify it applies to petitions for review. The commission proposes conforming changes throughout the regulations to reference “petitions for review” as necessary.
2. Amend 8 AAC 57.020 to clarify nonparticipation procedure.
3. Repeal and readopt 8 AAC 57.040 and .050 to clarify filing and service of documents, add .055 for service by mail, and add .057 for distribution of commission documents.
4. Repeal and readopt 8 AAC 67.065 to clarify attorney representation and add .067 to clarify non-attorney assistants’ role.
5. Amend 8 AAC 57.070 to clarify when a notice of appeal must be filed and when it must be served on the Attorney General.
6. Repeal and readopt 8 AAC 57.073, .075, and .077 to clarify petition for review procedure, and add .079 for court review of a commission order or decision.
7. Repeal and readopt 8 AAC 57.100 to clarify motion for stay procedure, supersedeas bond requirement, and meaning of “irreparable harm.”
8. Amend 8 AAC 57.110 to clarify record preparation and allow clerk to issue orders extending time for record preparation. The commission proposes conforming changes throughout the regulations to allow the clerk to issue orders extending time as necessary.
9. Repeal and readopt 8 AAC 57.120 to clarify transcript preparation procedure, and repeal and readopt .130, .150, and .180 to clarify brief and excerpt of record procedure.
10. Amend 8 AAC 57.140 to change routine extensions of time from 10 to 30 days, and add .145 for stay of proceedings.
11. Repeal and readopt 8 AAC 57.200 to clarify oral argument procedure.
12. Amend 8 AAC 57.210 to clarify that replies to oppositions are not permitted.
13. Repeal and readopt 8 AAC 57.230 to clarify motion for reconsideration and reconsideration of non-final orders.
14. Repeal and readopt 8 AAC 57.240 and amend .250 to clarify dismissals.
15. Amend 8 AAC 57.260 to clarify motions for attorney fees.

You may comment on the proposed changes, including potential costs to private persons of complying with the proposed changes, by submitting written comments to Kathy Morrison at awcac.clerk@alaska.gov or 3301 Eagle Street, Suite 305, Anchorage, Alaska, 99503. Comments must be received by 5:00 p.m., November 27, 2023.

You may submit written questions relevant to the proposed action to Kathy Morrison at awcac.clerk@alaska.gov or 3301 Eagle Street, Suite 305, Anchorage, Alaska, 99503, at least 10 days before the end of the public comment period. The commission will aggregate its responses to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs special accommodation in order to participate in this process, please contact Kathy Morrison at awcac.clerk@alaska.gov or (907) 269-6738, by November 17, 2023, to ensure that any necessary accommodation can be provided.

Copies of the proposed changes and material adopted by reference are available on the Alaska Online Public Notice System and by contacting Kathy Morrison at awcac.clerk@alaska.gov or (907) 269-6738.

After the public comment period ends, the commission will either adopt the proposed changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 23.30.007, AS 23.30.008, AS 23.30.125, AS 23.30.127, AS 23.30.128.

Statutes being implemented, interpreted, or made specific: AS 23.30.007, AS 23.30.008, AS 23.30.125, AS 23.30.127, AS 23.30.128.

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:  October 19, 2023

/s/ Deirdre D. Ford

Deirdre D. Ford, Chair