7 AAC 07.033. Request for reconsideration

(a) A person who requested a determination under 7 AAC 07.031 and is dissatisfied with the department's decision may seek reconsideration of the decision by submitting a written request for reconsideration to the department as described in (b) of this section. A request for reconsideration may also be submitted by a person substantially affected by the determination.

(b) A request for reconsideration must be postmarked no later than 30 days after the date of the public notice issued under 7 AAC 07.032 and must be signed by the person seeking reconsideration, or an authorized representative. The request must contain

(1) a description of the decision for which reconsideration is sought;

(2) each reason, with supporting information, for disagreeing with the department's determination; and

(3) if the request is made by a person claiming to be substantially affected by the decision,

(A) a description of how the decision affects that person;

(B) any significant relevant information that was not previously considered by the department; and

(C) a demonstration that there have been significant errors or changes in factors or circumstances that were relied upon by the department in making its decision.

(c) The department will provide a copy of any request received from a person claiming to be substantially affected by the decision to the person who submitted the original request for determination and will include a written notice that the department will consider any written response to statements made in the request for reconsideration if the response is received within 15 days after the date of the notification.

(d) Within 30 days after opportunity for a response under (c) of this section, the commissioner will issue a written decision on the request for reconsideration. The department will provide a copy to the person who requested reconsideration, and to the person who submitted the request for determination under 7 AAC 07.031 if the request for reconsideration was made by another person. The commissioner will base a decision on a request for reconsideration upon

(1) the information provided in the request for reconsideration and any response submitted under (c) of this section;

(2) department records; and

(3) other available and relevant information.

(e) If the commissioner grants reconsideration and the department's determination is changed, the department will

(1) send the revised written determination in accordance with 7 AAC 07.031(c) ;

(2) issue the revised determination in accordance with 7 AAC 07.031(d) (1), if the determination is one that the proposed activity is subject to AS 18.07 and this chapter;

(3) include in the revised determination a statement that a hearing may be requested under 7 AAC 07.080; and

(4) publish notice as described in 7 AAC 07.032.

(f) A decision under this section constitutes the final department decision, unless the person appeals the decision by requesting a hearing under 7 AAC 07.080.

History: Eff. 8/14/2005, Register 175

Authority: AS 18.07.031

AS 18.07.101

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