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Kenai Peninsula Borough considers changes to hearings, appeals process
Summary
Assembly heard an ordinance that would tighten standing for appeals, shift transcription costs to appellants, allow dismissal of deficient appeals, permit administrative consolidation of similar appeals and extend decision deadline from 15 to 45 days.
The Kenai Peninsula Borough Assembly heard an ordinance (Ordinance 2025-03) that would change code governing hearings and appeals to a hearing officer and add a process for appeals of certain planning staff decisions.
The proposed ordinance, introduced by Mayor Michicky and presented by Deputy Borough Attorney Walker Steinhage, would: establish criteria for who has standing to appeal quasi-judicial decisions from the Office of Administrative Hearings; create a formal process to appeal planning staff decisions to the Planning Commission; require appellants to pay the transcription fee for the record on appeal (the borough has been covering that cost); allow a hearing officer to dismiss appeals for lack of standing or for deficient notices of appeal; permit the clerk to administratively consolidate appeals arising from similar facts or questions of law; change the briefing schedule to a staggered model (opening brief, response, reply); and extend the time from hearing to the hearing officer’s written decision from 15 days to 45 days.
Steinhage said the draft mirrors procedures used by other Alaska jurisdictions. “I looked at other boroughs specifically, Mat-Su and as well as other municipalities, including Homer and Anchorage. And they had similar code provisions to delineate who has standing to appeal,” he told the assembly.
Assembly members asked for clarification about benchmarks and comparability with other boroughs; Steinhage replied that those municipalities contained similar standing provisions. No formal vote or final action was recorded during the committee discussion; the ordinance was presented for public hearing and further consideration.
The ordinance text cited in the meeting would amend Kenai Peninsula Borough (KPB) code chapter 21.02, which governs hearings and appeals. The hearing officer’s expanded dismissal authority and administrative consolidation are presented as administrative-efficiency measures; the extension from 15 to 45 days would give hearing officers more time to issue decisions.
The committee did not take a final vote at the meeting. The ordinance was presented as part of the assembly’s public hearings and will return for further consideration in the borough’s legislative process.
