Alaska Stat. § 18.80. § 18.80.120
Hearing
Operative Text
(a) If no agreement is reached under AS 18.80.110 and the executive director determines to refer the complaint for hearing, the executive director shall issue an accusation based on the investigator's determination of substantial evidence and serve the person charged in the accusation and the complainant with notice of the referral and a copy of the accusation. The executive director's decision to refer the complaint to hearing is not reviewable by the commission under this chapter. The location of the hearing is the commission office unless the commission designates another location. The executive director, or the executive director's designee, shall present the case in support of the accusation before the commission. The person charged in the accusation may file a written answer and may appear at the hearing, with or without counsel, and submit evidence. (b) The commission shall request the chief administrative law judge to appoint, under AS 44.64.020, an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.64.040 — 44.64.055, 44.64.070 — 44.64.200, and the procedures in AS 44.62.330 — 44.62.630 (Administrative Procedure Act) apply to the hearing except as otherwise provided in this chapter. (c) An accusation may be reasonably and fairly amended by the commission. An amendment to name a different discriminatory practice must be supported by substantial evidence, and the discriminatory practice must be referred for conference, conciliation, and persuasion as provided in AS 18.80.110, before a hearing may proceed. (d) In a hearing on an accusation, each element of an accusation or defense must be proven by a preponderance of the evidence. (e) At any time after the issuance of an accusation, the executive director or the person charged in the accusation may petition for a summary decision on the accusation. The commission shall grant a petition if, after a reasonable opportunity for discovery, the record shows that there is no genuine issue of material fact and the petitioner is entitled to an order under AS 18.80.130 as a matter of law.
Alaska Statute AS 18.80.120 establishes the formal hearing process that follows when a discrimination complaint cannot be resolved through conciliation under AS 18.80.110. Once the executive director finds substantial evidence and refers the matter, an administrative law judge presides over the hearing under the state's Administrative Procedure Act, and each side must prove its claims or defenses by a preponderance of the evidence. The accused party has the right to file a written answer, appear with or without an attorney, and submit evidence, while the executive director's office presents the case supporting the accusation. Either side may also seek a summary decision if there is no genuine dispute of material fact.
Plain English — not legal advice.
Property owners or managers named in an accusation under AS 18.80.120 generally respond by filing a written answer to the accusation and preparing to present evidence at the administrative hearing. Compliant operators typically engage legal counsel early in the process, gather documentation relevant to the alleged discriminatory practice, and participate in any discovery period that precedes a potential summary-decision petition. Because the executive director's referral decision is not subject to commission review, operators generally focus their efforts on the hearing itself rather than challenging the referral.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you filed a discrimination complaint that advances to a formal hearing under AS 18.80.120, you are entitled to receive notice of the referral and a copy of the accusation, and the executive director's office presents the case on the accusation's behalf before the commission. Tenants and complainants can follow the hearing's progress, and tenant-rights organizations in Alaska can help explain what participation rights exist at this stage. If the matter is not resolved through the hearing process, the outcome is governed by the remedies available under AS 18.80.130, which a tenant-rights advocate or attorney can help you understand.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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