1. (a) As provided in AS 44.64.060(b), the commissioner will, not later than 10 days after receiving a properly served hearing request,

   1. (1) deny the request

      1. (A) for a reason provided by law; or
      2. (B) by vacating and remanding the matter to the division director for further action; or
   2. (2) conditionally approve the hearing request and refer the request to the office of administrative hearings (AS 44.64.010) for a recommended decision whether the request meets the requirements of 18 AAC 15.200 and the scope of any hearing on the request.

2. (b) If the commissioner refers a hearing request to the office of administrative hearings, the commissioner will give notice of the referral to the requester, the division director, and the permit applicant or permittee. In the notice the commissioner will include a statement that, not later than 20 days after the commissioner gives the notice of referral, the division director and the permit applicant or permittee may file a response with the office of administrative hearings as to whether the hearing request meets the requirements of 18 AAC 15.200 and, if so, the scope of proceedings before the office of administrative hearings. The requester may reply not later than seven days after service of any response to the request for an adjudicatory hearing. The response and any reply must be served as described in 18 AAC 15.340 on the office of administrative hearings, the division director, the permit applicant or permittee, and the requester. Not later than 10 days after the time has expired for a requester to reply to responses to the request, the office of administrative hearings will issue a recommended decision to the commissioner whether the hearing request

   1. (1) meets the requirements of 18 AAC 15.200 and an adjudicatory hearing or hearing on the briefs should be held;
   2. (2) does not meet the requirements of 18 AAC 15.200 and the hearing request should be denied; or
   3. (3) should be denied because the matter should be vacated and remanded to the division director for further action.

3. (c) Not later than 10 days after receiving a recommended decision of the office of administrative hearings under (b) of this section, the commissioner will make a final decision on the recommendation to

   1. (1) grant an adjudicatory hearing or hearing on the briefs;
   2. (2) deny the hearing request as not meeting the requirements of 18 AAC 15.200; or
   3. (3) vacate the contested decision, deny the hearing request, and remand the matter to the division director for further action.

4. (d) If the commissioner determines that an adjudicatory hearing or a hearing on the existing record and on written briefs should be held, the commissioner will publish notice of the action in a newspaper of general circulation for the affected area, and if sufficient contact information is provided, will send a copy of the public notice to each person who submitted timely written comments on the draft decision, who testified at a public hearing before the department's decision on the draft decision, or who submitted a request for hearing. In the notice the commissioner will include the statement that a person who wishes to participate in the proceedings may file a request to intervene not later than 15 days after publication of the notice or mailing of the notice, whichever occurs last. In the notice the commissioner will also state that a request to intervene must

   1. (1) meet the requirements of 18 AAC 15.225 and 2 AAC 64.180; and
   2. (2) be served on the administrative law judge, the division director, the requester, and the permit applicant or permittee.
5. (e) If the commissioner grants a hearing on the existing record and on written briefs, the administrative law judge will establish, after the time to intervene has expired under 18 AAC 15.225, a briefing schedule for submission of an opening brief by each requester, a responsive brief by each respondent, and a reply brief by each requester. Subject to the requirements of 18 AAC 15.245, the administrative law judge may allow the parties to supplement the agency record with additional information submitted with the briefs.

(Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224)

Authority: AS 46.03.020, AS 46.03.330, AS 46.04.030, AS 46.03.100, AS 46.03.720, AS 46.04.890, AS 46.03.110, AS 46.03.730, AS 46.14.120, AS 46.03.320, AS 46.03.880, AS 46.14.150