FY2011-05 Alaska Office of Administrative Hearings13
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 1S"t
day of 2010 (�
(Name)
0" a cc, er (Title)
Kodiak Island Borough B
Dated this day of 2010 �Q O�O
:•
�.•r C
'ferry L. Thurbon
Chief Administrative Law Judge 9
Office of Administrative Hearings
�gSkA
Office of Administrative Hearings
Case Referral Notice
OAH USE ONLY
OAH No. _-
Assigned ALJ
Peer Rev. ALJ
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
& Facilities
Name:
Planning and Zoning Commission
Address:
710 Mill Bay Road, Kodiak
Address:
I n iii ll fief Gk
Telephone :
907-486-4343
Telephone:
qDl- 149(o-
-(gla•Facsimile:
Facsimile:
Email:
wkoning@kodiakak.us
Facsimile:
Email:
Appellant's Attorney/Representative
Agency 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? ❑ Yes
Is final decisionmaking authority delegated to the assigned ALJ? 211yes
Notes: Per KIB Code § 17.225.090 ALJ assigned as hearing examiner de
❑ No ❑ Unknown
❑ No ❑ Unknown
as well as
Confidential Information
Is information submitted with referral required by law to be kept confidential? ❑ Yes �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: I/RCk S' GIFFtfLO Signature:✓ Date: 7// i(3