A. Adjudications by administrative bodies.

The deliberations of an administrative body acting in an "adjudicating" role — such as the Game Board or the state Bar Association or the Architect's and Engineer's Board deciding on whether to suspend or revoke a license — are not covered by the open meetings act, although the fact-gathering, evidentiary hearing stage of such proceedings is covered. Specifically, the language of the statute is that the open meetings law "does not apply to a governmental body performing a judicial or quasi -judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding." AS 44.62.310(d)(1). Because those meetings or portions of a meeting that are not conducted solely to make a decision do not fit within this exemption, they are governed by the Open Meetings Act, and conversely to the extent that meetings or portions of meetings fall within the exemption, those gatherings need not comply with any of the provisions of the act, including those requiring reasonable public notice and those requiring that certain procedures be followed for going into executive session, including public votes and the notification of individuals to be discussed in a way that could prejudice their reputation or character. The municipal code provisions affording a right of participation in public meetings that does not exist in the open meetings act otherwise tracks the open meetings act by incorporating its exceptions and exemptions, so this right to be heard at municipal meetings does not extend a right to participate, or even be present, to the subject of an adjudication in the portion of an adjudicatory meeting closed pursuant to AS 44.62.319(d)(6) or its analogues. Griswold v. City of Homer, 55 P.3d 64, 73 (Alaska 2002).

In common usage, "adjudication" includes any dispute and resolution procedure. It is a proceeding for determining facts or rights of parties, and is generally synonymous with or analogous to the term "litigation." Whenever parties litigate, the decision-maker adjudicates. For example, in the context of advising the Alaska Public Utilities Commission, the Attorney General advised the Commission that "adjudicatory proceedings" include all proceedings of a commission for determining disputes between parties or determining the rights of a party, including all formal dockets of the commission with the exception of rulemaking proceedings. See generally, March 27, 1986, Attorney General Opinion No. 661-86-0494. Under the Administrative Procedure Act, the scheme of laws applying to state agencies, there are two classes of formal agency action, rulemaking and administrative adjudication, and the definition of adjudication as everything other than rulemaking has been reflected in recent Alaska Supreme Court opinions. Id. The Attorney General has advised the APUC, for example, that certification in rate making proceedings are adjudicatory, since each of these types of proceedings meet the requirements of involving the expansion or contraction of state granted rights, authorities, licenses or privileges. The question of what is not adjudication and therefore not subject to the exception of AS 44.62.310(d)(1), is addressed in the 1986 Attorney General Opinion to the APUC. Id. at 3. In addition to rulemaking procedures, which are generally subject to OMA requirements, and are not adjudication, the Attorney General has observed that there are a number of other things that agencies do that are not adjudication:

• General policies. An agency may discuss its policies and directions, often outside the context of a specific rulemaking or adjudicatory proceeding.

• Investigation/negotiation. Commission investigations of the practices of those they regulate are not necessarily adjudication even though they may lead to adjudicatory proceedings.

• Business or management activities. The commission is required to operate a substantial agency with a number of employees, and the internal management of the agency is neither rulemaking nor adjudication.

March 27, 1986 Attorney General opinion, supra, at 3-4. These sorts of actions do not fall within the OMA exceptions set out in AS 44.62.310(d)(1). The Attorney General advised the APUC that informal adjudication, including for example, permission action on tariff advice letters, should be handled in compliance with the OMA even though this is not literally required by the act. Id. at 4. (Tariff advice ("TA") letters are filings made by a utility to seek Commission approval of a rate change, contract or other change in its existing tariff.) Note that the APUC adopted new regulations in 1992 governing access to its meetings. 3 AAC 48.140-.188.