Administrative Agency Appeals

(a) Applicability Unless otherwise ordered, this rule applies to all proceedings for judicial review (1) under the Administrative Procedure Act, 5 U.S.C. §§ 701–706; and (2) under the Social Security Act, 42 U.S.C. § 406 (g). (b) Agency Record (1) The agency must serve and file the agency record not later than 60 days after the agency’s initial appearance as specified below: (A) If the agency record is 5000 pages or less: (i) the agency must serve and electronically file the agency record; and (ii) in addition to the electronically filed copy of the agency record, the agency must submit a paper copy of the agency record for use by the judge, which is not part of the court record. (B) If the agency record exceeds 5000 pages: (i) the agency must serve the entire agency record on plaintiff and electronically file a certified list of the contents of the agency record with the court; the agency must also file the entire agency record, either electronically or conventionally. (ii) the parties must prepare an appendix containing copies of those portions of the agency record that are cited or otherwise relied upon by the parties in their briefs; they must not burden the appendix with excess material from the agency record that does not relate to the issues raised in the briefs; (iii) the parties must electronically file the appendix, as well as provide any chamber copy required by Local Rule 5.4, not later than 14 days after the final brief is filed; and Local Civil Rules for the District of Alaska Effective October 15, 2025 (iv) pages in the appendix must retain the original pagination from the administrative record; the parties must cite to the record in their briefs using this pagination.

(2) A motion to supplement the agency record must be filed not later than 21 days after the agency record or certified list of its contents has been filed with the court. (c) Briefing Schedule (1) Plaintiff’s opening brief must be filed not later than 30 days following the filing of the agency record or 30 days after the court’s ruling on a motion to supplement the agency record, whichever is later. Failure to timely file the opening brief may result in dismissal of the appeal. (2) Defendant’s brief in opposition must be filed not later than 30 days after plaintiff has filed and served plaintiff’s opening brief.

(3) Plaintiff may file a reply to defendant’s brief not later than 14 days after service of the defendant’s brief. (4) No additional briefs may be filed without leave of the court. (5) One extension of time of up to 14 days will be routinely granted for each brief. Any additional extension of time requires a showing of good cause.

(6) Page and word limitations of Local Rule 7.4(a) apply.