1. (a) If an applicant for a new marijuana establishment license, renewal of a marijuana establishment license, license reinstatement, license conversion, transfer of a marijuana establishment license to another person, or transfer of a marijuana establishment license to another location is aggrieved by an action of the board denying the application, the applicant may request a formal hearing by filing a notice of defense in compliance with AS 44.62.390 not later than 15 days after the date of the written notice of the denial, or as provided under 3 AAC 306.085(b) if the applicant requested and participated in an informal conference. Failure to file a notice of defense as provided in this section constitutes a waiver of the right to a formal hearing.
2. (b) When an aggrieved person requests a hearing under the section, the board may request the office of administrative hearings to conduct the hearing in compliance with due process, AS 44.62.330 - AS 44.62.630 (Administrative Procedure Act), and 2 AAC 64.100 - 2 AAC 64.990, as applicable.

(Eff. 2/21/2016, Register 217; am 2/21/2019, Register 229; am 7/30/2022, Register 243; am 1/22/2023, Register 245)

Authority: AS 17.38.010, AS 17.38.150, AS 17.38.900, AS 17.38.070, AS 17.38.190, AS 17.38.121, AS 17.38.200