(a) A person affected by an order of the OSHA Review Board under Alaska Stat. § 18.60.093(c) or (e) or of the commissioner under Alaska Stat. § 18.60.096 may obtain a review of the order by filing a notice of appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.

Terms Used In Alaska Statutes 18.60.097

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(b) The department may obtain review of an order of the OSHA Review Board under Alaska Stat. § 18.60.093(c) or (e) by filing a notice of appeal in the superior court as provided in the Alaska Rules of Appellate Procedure.
(c) An order of the OSHA Review Board under Alaska Stat. § 18.60.093(c) or (e) or of the commissioner under Alaska Stat. § 18.60.096 becomes final and is not subject to review by any court if a notice of appeal is not filed with the superior court within the period provided for by the Alaska Rules of Appellate Procedure.
(d) An employer seeking judicial review of an order of the OSHA Review Board or of the commissioner must inform the affected employees of the fact that the employer is seeking judicial review.
(e) The court shall review an order of the OSHA Review Board or of the commissioner on a substantial-evidence basis.