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FY2011-05 Alaska Office of Administrative Hearings r Memorandum Agreement for Adjudication Services In accordance with AS 44.64.055, the undersigned agree that the Alaska Office of Administrative Hearings (OAH) will provide the Kodiak Island Borough with an administrative law judge (ALJ) to serve as hearing examiner in the appeal by the borough's engineering and facilities department to the borough assembly, in its capacity as a board of adjustment, of the planning commission's decision in Case No. 10 -016. The assigned ALJ will conduct the necessary prehearing, hearing and posthearing proceedings, including preparation of all orders and decisions, and will follow the procedures in title 17, chapter 225 of the Kodiak Island Borough (KIB) municipal code. Pursuant to KIB Code § 17.225.090, because a subdivision of the borough is the appellant, the ALJ will hear and decide the appeal. The Kodiak Island Borough will reimburse OAH for the ALJ's time and for travel costs, if any, required to provide the adjudication services for this appeal. ALJ time will be reimbursed at the usual hourly rate charged by OAH for adjudication services provided to State of Alaska executive branch agencies. That rate is calculated under a federally- approved cost allocation plan methodology. In fiscal year 2010 the rate was $145; the rate may change for fiscal year 2011, but it is not expected to increase or decrease significantly. Travel costs, if any, will be reimbursed at actual costs for airfare, ground transportation, and hotel accommodations, and at $60 per day per diem. Office costs such as support staff time, copying and long- distance telephone charges are subsumed in the hourly rate. Any extraordinary costs such as to have a transcript of oral proceedings prepared will be paid directly by the borough or, if incurred by OAH, reimbursed to OAH. This agreement takes effect July 1, 2010, and expires when all adjudication services under it have been completed and reimbursement of all costs to OAH by the borough has been made. (�, Dated this I S day of J� ,2� ca/C 4 l e r eg-ci c.(' L (Name) rU - u , er (Title) Kodiak Island Borough \s+ - AND Dated this day of , 2010 �Q O�O Q Y - . C Y "k.!f; ..) 0 Terry L. Thurbon `' _z:;;Y Z• Chief Administrative Law Judge 9 �' Office of Administrative Hearings g TS kA r 19°x' OAH USE ONLY • OAH No. - Peer - Office of Administrative Hearings Pee R ev ALJ Rev. ALJ Case Referral Notice Referring Agency: Kodiak Island Borough Board of Adjustment _ Referring Agency File No. _10 -016_ Date Hearing Request Filed with Referring Agency: May 28, 2010_ Appellant Agency Party Name: Kodiak Island Borough Engineering Name: Planning and Zoning Commission & Facilities Address: 710 Mill Bay Road, Kodiak Address: No fill Yaat.tq IaDA, tok- Telephone : 907 - 486 -4343 Telephone : owl- 14gla - Facsimile: Facsimile: Email: wkoning@kodiakak.us Email: lotacsi Utz( ic•altickak • Vt.S Appellant's Attorney /Representative Agency AT{orney /Advocate Name: Name: Address: Address: Telephone : Telephone : Facsimile: Facsimile: Email: Email: Other party Other party's Attorney /Representative Name: Name: _ Address: Address: Telephone : Telephone : Facsimile: Facsimile: Email: Email: For Additional parties, attach separate sheet containing the above information. Final Decisionmaker Name and Title of Individual or Entity with Final Decisionmaking Authority _Board of Adjustment (by Hearing Examiner) Telephone: Facsimile: Does final decisionmaker wish to participate in hearing? 0 / Yes ❑ No ❑ Unknown Is final decisionmaking authority delegated to the assigned ALJ? Ud Yes ❑ No ❑ Unknown Notes: Per KIB Code § 17.225.090 ALJ assigned as hearing examiner decides, as well as hears, appeal Confidential Information Is information submitted with referral required by law to be kept confidential? ❑ Yes 1 No If yes, cite the statute(s) /regulation(s) that require this. Special Notes: Per MOA between KIB and OAH chief ALJ, procedures in title 17, chapter 225 of the Kodiak Island Borough code apply rather than OAH's own procedures. Submitted by: v ia S• GtFF02 -D Signature: ✓ /,_ m a% 1 11( Date: 74/40 es'