1. (a) A CDQ entity may request a hearing to submit oral testimony or additional written comments or documentation regarding the state's proposed recommendation. A CDQ entity requesting a hearing must submit the request in writing, so that the Department of Commerce, Community, and Economic Development receives it no later than 30 days after the date of the department's written notice under 6 AAC 93.160(b). If the CDQ entity seeks to present oral testimony, the CDQ must request it expressly in the written request.

2. (b) Upon receipt of a timely request under (a) of this section, the Department of Commerce, Community, and Economic Development will schedule

   1. (1) a 30-day period during which the CDQ entity may submit additional written comments or documentation for review by the CDQ evaluation team;
   2. (2) a date and time to receive oral testimony if the CDQ entity has requested to present it to the CDQ evaluation team; the CDQ evaluation team may conduct the oral hearing in person, by teleconference, or by videoconference.

3. (c) After the CDQ evaluation team reviews any new testimony, comments, or documentation, the Department of Commerce, Community, and Economic Development, on behalf of the CDQ evaluation team, will provide written notice to

   1. (1) the CDQ entity of the state's final recommendation regarding whether the CDQ entity

      1. (A) has maintained or improved its overall performance with respect to the criteria set out in 16 U.S.C. 1855(i)(1)(H)(ii); or
      2. (B) has not maintained or improved its overall performance with respect to the criteria; and
   2. (2) NMFS, for use by NMFS in making the determination under 16 U.S.C. 1855(i)(1)(H)(iii).
4. (d) If it does not receive a timely request under (a) of this section, the Department of Commerce, Community, and Economic Development, on behalf of the CDQ evaluation team, will provide written notice to NMFS that the state's proposed recommendation under 6 AAC 93.160(b) is the state's final recommendation for use by NMFS in making the determination under 16 U.S.C. 1855(i)(1)(H)(iii).

(Eff. 9/7/2012, Register 203)