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ALASKA TRANSP. COM'N v. GANDIA

No. 3469.

602 P.2d 402 (1979)

ALASKA TRANSPORTATION COMMISSION, Appellant, v. Ramon F. GANDIA, d/b/a Nome Flying Service and Neil Foster, d/b/a Foster Aviation, Appellees.

Supreme Court of Alaska.

November 9, 1979.

Attorney(s) appearing for the Case

Douglas A. Hebbel, G. Charles Schmidt, Asst. Attys. Gen., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for appellant.

H. Russel Holland, Holland & Thornton, Anchorage, for amicus curiae, ERA Helicopters, Inc.

No appearance for appellees.

Before RABINOWITZ, C.J., and CONNOR, BOOCHEVER, BURKE and MATTHEWS, JJ.

OPINION

BURKE, Justice.

This is an appeal by the Alaska Transportation Commission (ATC) from an order of the superior court requiring a rehearing of certain of its proceedings, for alleged violations of the Administrative Procedure Act (AS 44.62.010-650) and due process requirements of the Alaska and United States Constitutions. We hold that the Commission's use of a hearing officer, without the presence of the individual commissioners, violates neither...

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