Title 2 . Administration

Chapter 50 . Public Information

Section 112. Dispute as to amount of civil penalty

2 AAC 50.112. Dispute as to amount of civil penalty

(a) If a filer disputes the amount of a civil penalty assessed under 2 AAC 50.110(b) or 2 AAC 50.135(e) , the filer may submit to the commission an affidavit stating facts in mitigation within 30 days of the date of the notice described in 2 AAC 50.115(e) , 2 AAC 50.120(e) , or 2 AAC 50.135(e) . At its next meeting after the filer submits the affidavit, the commission will consider the affidavit and other evidence relevant to the amount of the civil penalty, unless the commission, in its discretion, finds reason to consider the affidavit at a different meeting. The commission will permit the filer to speak at the meeting. After considering the affidavit and other evidence, the commission will

(1) affirm the civil penalty if the commission determines that the statement was late without good cause; or

(2) reduce or waive the civil penalty if the commission determines that the statement was late for good cause.

(b) No later than 60 days after a meeting described in (a) of this section, the staff of the commission shall send a written notice of the decision by the commission to the filer at the address on file with the commission.

(c) If the commission decides to impose some or all of a civil penalty assessed under 2 AAC 50.110(b) or 2 AAC 50.135(e) , the filer shall

(1) pay the penalty no later than 30 days after the date of the notice described in (b) of this section; or

(2) file a notice of appeal under AS 39.50.135 or AS 44.62.560 .

History: Eff. 7/20/95, Register 135

Authority: AS 15.13.030

AS 39.50.020

AS 39.50.050

AS 39.50.135