3 AAC 190.950. Decision-making procedure in contested cases

If a dispute arises regarding a discretionary determination or proposed action to be taken by the commissioner, the following procedure is applicable unless another specific procedure is prescribed in respect to the dispute by another provision of this chapter:

(1) the commissioner will, in his or her discretion, first attempt to mediate the dispute informally;

(2) instead of, or after attempting, mediation, the commissioner will, in his or her discretion, call for written submissions by all interested parties; after receiving the written submissions, the commissioner will:

(A) make a written determination of the matter, or

(B) convene an informal public meeting, upon notice, wherein the views and arguments of all interested parties may be stated orally and on the record, or

(C) treat the matter as a formal administrative adjudication under the Alaska Administrative Procedure Act, AS 44.62 et seq., and request that a hearing officer be appointed by the governor's office;

(3) instead of, or after the steps in either (1) or (2) of this section, the commissioner will, in his or her discretion, treat the matter as a formal administrative adjudication under the Alaska Administrative Procedure Act, AS 44.62, and request that a hearing officer be appointed by the governor's office.

History: Eff. 9/21/79, Register 71; am 11/19/88, Register 108

Authority: AS 44.17.030

AS 44.33.755 (a)

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