1. (a) A party may petition or cross-petition the commission, as provided in 8 AAC 57.075, for review of an interlocutory or other non-final board decision or order that is not otherwise appealable under this chapter.
2. (b) All individuals or entities that were parties in proceedings that resulted in issuance of the interlocutory or other non-final board decision or order are parties to a petition for review of that decision or order to the commission.
3. (c) The party filing a petition for review is the petitioner.
4. (d) All other parties to a petition for review are respondents, regardless of their status in proceedings before the board.
5. (e) If an individual who is a party to a petition for review dies or is adjudged incompetent, the duly appointed representative of that deceased or incompetent individual may be substituted for that individual as a party to a petition for review by filing a notice of substitution and copies of documents demonstrating appointment as representative.
6. (f) A respondent may choose at any time not to participate in a petition for review by filing a notice of nonparticipation. A respondent may choose not to participate in a motion for stay filed in a petition for review, but still choose to participate in the remainder of the petition for review, by filing a notice of nonparticipation that specifically states that the respondent chooses not to participate in the motion for stay but wishes to participate in the remainder of the petition for review. A decision or order issued in a petition for review may apply to a nonparticipating respondent, including an order awarding attorney fees and costs to a successful party, as provided in AS 23.30.008(d) and 8 AAC 57.260.

7. (g) Review will be granted only if the sound policy that an appeal be taken only from a final decision and order of the board is outweighed because

   1. (1) postponement of review until appeal may be taken from a final decision or order will result in injustice because of impairment of a legal right, or because of unnecessary delay, expense, hardship, or other related factors;
   2. (2) the interlocutory or other non-final board decision or order involves an important question of law on which there is substantial ground for difference of opinion, and an immediate review of the decision or order may materially advance the ultimate resolution of the claim;
   3. (3) the board has so far departed from the accepted and usual course of proceedings as to call for the commission's review; or
   4. (4) the issue is one that might otherwise evade review, and an immediate decision by the commission is needed for the guidance of the board.

(Eff. 12/23/2011, Register 200; am 2/4/2024, Register 249)

Authority: AS 23.30.008, AS 23.30.125, AS 23.30.127, AS 23.30.128