Alaska Admin. Code tit. 18, § 32.910
Right to review department decision
Effective Nov 5, 2017Alaska Register 224(Eff. 5/23/98, Register 146; am 7/11/2002, Register 163; am 9/6/2003, Register 167; am 11/5/2017, Register 224) | Authority: AS 03.05.011, AS 17.20.040, AS 17.20.230, AS 03.05.040, AS 17.20.070, AS 17.20.250, AS 03.05.050, AS 17.20.072, AS 17.20.270, AS 17.20.010, AS 17.20.190, AS 17.20.290, AS 17.20.020, AS 17.20.200, AS 44.46.020
- (a) The owner or operator of a facility subject to this chapter may request an informal review under 18 AAC 15.185 of a department decision under this chapter, except for a fee decision under 18 AAC 32.610.
(b) A person who is aggrieved by a department decision to deny or approve a permit under this chapter or a waiver request under this chapter may request
- (1) an informal review under 18 AAC 15.185; or
- (2) an adjudicatory hearing under AS 44.62 (Administrative Procedure Act).
- (c) An adjudicatory hearing under (b)(2) of this section may be requested hy submitting a hearing request to the commissioner not later than 30 days after the issuance of the decision described in (b) of this section. Upon receipt of a timely request for adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.
(Eff. 5/23/98, Register 146; am 7/11/2002, Register 163; am 9/6/2003, Register 167; am 11/5/2017, Register 224)
Authority: AS 03.05.011, AS 17.20.040, AS 17.20.230, AS 03.05.040, AS 17.20.070, AS 17.20.250, AS 03.05.050, AS 17.20.072, AS 17.20.270, AS 17.20.010, AS 17.20.190, AS 17.20.290, AS 17.20.020, AS 17.20.200, AS 44.46.020