8 AAC 61.360. Action on applications

(a) If an application filed pursuant to 8 AAC 61.330 - 8 AAC 61.350 does not substantially conform to the requirements of the applicable section, the commissioner will, in his discretion, deny the application. If denied, the commissioner will give prompt notice of the denial with reasons for it to the applicant.

(b) If an employer is contesting a citation, proposed penalty, or period of abatement, the commissioner will, at his discretion, refuse to entertain the employer's application for a variance until a final order on the contest is issued by the board.

(c) If an application has been determined to conform substantially to the requirements in 8 AAC 61.330 - 8 AAC 61.350, the commissioner will cause a notice to be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance would apply. The notice will include

(1) the terms, or an accurate summary, of the application;

(2) the legal authority under which the application has been filed;

(3) a statement that interested persons may submit, within a designated period of time, written data, views, or arguments regarding the application; and

(4) a statement that affected employers or employees have a right to request, within a designated period of time, a hearing on the application.

(d) A summary of every final action granting, modifying or revoking a temporary or permanent variance will be published in a newspaper of statewide circulation and in a newspaper of local circulation in the area where the variance will be implemented. The public notice will include a statement of the reasons for the action and will tell how a copy of the full text of the action may be obtained.

(e) When the commissioner grants, revokes, or modifies a permanent variance, the department will also furnish the board the notice under (d) of this section.

History: Eff. 1/10/75, Register 53; am 1/26/78, Register 65

Authority: AS 18.60.020

AS 18.60.077

AS 18.60.081

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