1. (a) If assessing a civil penalty against a director, officer, or agent of a corporate permittee under AS 27.21.250(a) and 11 AAC 90.635, in addition to the penalty assessed under AS 27.21.250(h), the commissioner will serve a notice of the proposed civil penalty assessment on each director, officer, or agent to be assessed. In the notice, the commissioner will include a narrative explanation of the reasons for the penalty, the amount of the proposed assessment, and a copy of any underlying notice of violation and cessation order.

2. (b) The notice of proposed civil penalty assessment becomes a final decision of the commissioner 30 days after service upon the director, officer, or agent unless

   1. (1) the director, officer, or agent contests the amount of the penalty or the fact of the violation, in accordance with AS 27.21.250(b); or
   2. (2) the director, officer, or agent, or the responsible corporate permittee agree with the commissioner in writing to a plan and schedule for the abatement or correction of the violation.
3. (c) For purposes of this section, the commissioner will perform service by certified mail or in person. Service is complete upon mailing or personal service. The commissioner will not consider service to be incomplete because of refusal to accept.

(Eff. 4/24/2009, Register 190; am 7/7/2022, Register 243)