Justia Government & Administrative Law Opinion Summaries

The Alaska Supreme Court concluded the superior court did not clearly err in finding that the father did not remedy the mental health issues that were “the root cause” of his inability to safely parent his daughter. The Court also concluded that it was not an abuse of discretion to deny the father’s motion to allow his attorney to withdraw. The superior court terminated a father’s parental rights to his daughter. He appealed the superior court’s finding that he failed to remedy the conduct and conditions that placed his child in need of aid, arguing that he cleaned up the family home, obtained a commercial driver’s license and a job, and passed drug tests during the pendency of the case. He also argued the superior court deprived him of his right to self-representation when it denied his motion to allow his appointed counsel to withdraw shortly before the termination trial. View "Matthew H. v. Dept. of Health & Social Services" on Justia Law

Lisa Reasner suffered years of sexual abuse while in foster care and after the Office of Children’s Services (OCS) approved her adoption. Years later, Reasner sued OCS after discovering that OCS might have played a role in allowing her abuse. The superior court concluded that Reasner’s claims were untimely and granted summary judgment in favor of OCS. The Alaska Supreme Court reversed and remanded. The Court found the superior court erred in granting summary judgment to OCS based on the statute of limitations because it found a genuine issue of material facts existed as to when Reasner's claims accrued. The Court found Reasner's remaining claims could have withstood summary judgment. View "Reasner v. Dept. of Health & Social Services" on Justia Law

In 2009, Richard Mattox sued the Department of Corrections (DOC) for injuries arising from an assault by another prisoner. Mattox alleged that DOC was negligent in failing to accommodate his requests for transfer to a different housing module prior to the assault and that DOC was negligent in permitting the correctional officer on duty to leave the module during the time the assault occurred. The superior court granted DOC’s motion for partial summary judgment regarding classification and housing assignments and then granted DOC’s motion for summary judgment on all other causes of action. The Alaska Supreme Court remanded because there was a material question of fact regarding the foreseeability of the assault. Mattox moved for a new trial on the grounds that the jury erroneously applied the doctrine of discretionary function immunity in reaching its verdict when that question should have been decided by the court before trial. The court denied that motion and Mattox appealed. The Supreme Court concluded Mattox waived any challenge to the jury’s application of the doctrine, and the superior court committed no reversible error by allowing the jury to apply the doctrine rather than applying the doctrine itself sua sponte. View "Mattox v. Dept. of Corrections" on Justia Law

State employee Shirley Shea suffered from chronic pain and has been unable to work. She applied for occupational disability benefits, claiming that prolonged sitting at work aggravated a preexisting medical condition. The Division of Retirement and Benefits denied the claim. An administrative law judge affirmed that decision, determining that employment was not a substantial factor in causing Shea's disability. On appeal, the superior court reversed the administrative law judge’s decision. Because the administrative law judge’s decision was supported by substantial evidence, the Alaska Supreme Court reversed the superior court’s decision and affirmed the administrative law judge. View "Alaska Dept. of Administration, Division of Retirement & Benefits v. Shea" on Justia Law

Following a disciplinary sanction, a judge was not recommended for retention by the Alaska Judicial Council. Although the judge chose not to campaign, an independent group supported his retention and campaigned on his behalf. After the election the Alaska Commission on Judicial Conduct filed a disciplinary complaint against the judge and later imposed an informal private admonishment on the judge because he did not publicly address allegedly misleading statements made by the independent group. Because the statements clearly originated with the independent group rather than the judge, and the judge had no knowledge of one statement, the judge had no duty to publicly address any of the statements. Accordingly, we reverse the Commission’s admonishment and dismissed the Commission’s complaint against the judge. View "In Re District Court Judge" on Justia Law

Central Recycling Services, Inc. recovered post-consumer materials for reuse, mainly from construction and demolition waste. The company requested rebates under a municipal ordinance providing reduced fees for disposing solid waste residue at the municipal landfill. The municipal department dispersing the rebates construed the ordinance as resulting in lower rebates than the company expected. The company sued the municipality, and the superior court ruled in the municipality’s favor. Central Recycling appealed. Although the ordinance language was imperfect, the Supreme Court concluded legislative intent more strongly supported the municipality’s interpretation. Therefore, the Court affirmed the superior court’s decision. View "Central Recycling Services, Inc. v. Municipality of Anchorage" on Justia Law

A self-employed real estate broker, James Studley, ran as a candidate for local elective office. The broker sought a blanket exemption from Alaska’s financial disclosure requirements to avoid reporting his clients’ identities and the income earned from them. The Alaska Public Offices Commission denied the broker’s request and assessed a $175 civil penalty for his failure to comply with the candidate reporting requirements. On appeal the superior court upheld the Commission’s ruling. The broker appealed, contending the disclosure requirements violated his duty to maintain client confidentiality, infringe his clients’ privacy rights under the Alaska Constitution, and impair several personal constitutional rights. After review, the Supreme Court affirmed the superior court’s decision upholding the Commission’s ruling. View "Studley v. Alaska Public Offices Comm'n" on Justia Law

Oil producers (the Producers) challenged an administrative decision (the Decision) in which the Alaska Department of Revenue (DOR) decided to treat separate oil and gas fields operated by common working interest owners as a single entity when calculating the Producers’ oil production tax obligations. Relying on a statute that gave DOR the discretion to “aggregate two or more leases or properties (or portions of them), for purposes of determining [their effective tax rate], when economically interdependent oil or gas production operations are not confined to a single lease or property,” DOR concluded that operations on a number of smaller oil fields were economically interdependent with larger operations on the adjacent Prudhoe Bay oil field. The Producers argued that in interpreting the phrase “economically interdependent” in the Decision, DOR effectively promulgated a regulation without following the procedures established in the Alaska Administrative Procedure Act (APA) and, as a result, DOR’s Decision was invalid. After its review, the Supreme Court concluded that DOR’s Decision was not a regulation because it was a commonsense interpretation of the statute and, therefore, DOR was not required to comply with APA rulemaking requirements. The Court therefore affirmed the superior court’s decision upholding DOR’s decision. View "Chevron U.S.A., Inc. v. Dept. of Revenue" on Justia Law

In September 2003, Bachner Company Inc. entered into a contract with the Alaska Department of Administration, to lease portions of the Denali Building in Fairbanks. After a ten-year lease term and a one-year renewal, Bachner alleged that the State was in default on its rent payments, and it filed suit in superior court to recover. The State moved to dismiss the complaint, arguing that the claim was governed by the Alaska State Procurement Code and that Bachner had failed to exhaust its remedies under the code before filing suit. The superior court agreed and granted the State’s motion to dismiss. Bachner appealed. After review, the Supreme Court concluded the procurement code covered a rent dispute over an ongoing lease, that the Bachner's claim fell under the procurement code, and Bachner had to exhaust its administrative remedies before filing suit in superior court. View "Bachner Company Incorporated v. State, Dept. of Administration" on Justia Law

Providence Alaska Medical Center terminated Dr. Michael Brandner’s hospital privileges without notice and an opportunity to be heard after determining he had violated hospital policy by failing to report an Alaska State Medical Board order requiring him to undergo an evaluation of his fitness to practice medicine. Brandner unsuccessfully challenged this action through Providence’s internal post-termination hearing and appeal procedures. Brandner then sued in superior court, seeking reinstatement and damages for, in relevant part, alleged due process violations both in the procedures used and in the substantive standard applied in his termination. The superior court ruled that Brandner’s due process rights were not violated, that he was not entitled to reinstatement, and that under federal law Providence was entitled to immunity from his damages claims. After review, the Alaska Supreme Court affirmed the superior court’s decision concerning the substantive standard applied to terminate Brander; he therefore was not entitled to reinstatement or post-termination-hearing damages. But Brandner’s due process rights were violated by the procedures Providence employed because was not given required notice and a hearing prior to the termination of his hospital privileges; the Court therefore reversed the superior court’s decision on the pre-termination notice and hearing claim and its decision that Providence had damages immunity from this claim. View "Brandner v. Providence Health & Services - Washington" on Justia Law