McCarrey v. Commissioner of Natural Resources

FITZGERALD, Justice.

The single issue in this appeal is whether the State of Alaska is required to hold a hearing prior to the cancellation of a graz ing lease. 1 We hold that the adjudicatory-provisions of the Alaska Administrative Procedure Act 2 do not apply to the termination of grazing leases by the State Division of Lands. We conclude, however, that the agency was required to afford notice and a hearing before terminating a grazing lease in order to meet the minimum standards of due process. Even though state agencies in some matters are not subject to the provisions of the…