8 AAC 90.190. Appeal of denial of renewal or cease work order

(a) A denial of a request to renew a certificate for failure to meet the requirements of 8 AAC 90.180, or a notice under 8 AAC 90.205(c) to cease work, are final unless the person affected files an appeal with the commissioner within 30 days after receipt of the notice of denial of renewal or to cease work. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the department's record, including the written appeal, and will state the facts relied upon by the commissioner in deciding the matter.

(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the record where clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A hearing held under this section will be conducted in accordance with AS 44.62.330 - 44.62.640 in the Administrative Procedure Act, except that the director or the director's designee shall act as the hearing officer.

(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.

(f) Repealed 12/25/98.

History: Eff. 6/14/84, Register 90; am 12/25/98, Register 148

Authority: AS 18.62.040

AS 18.62.060

AS 23.05.060

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