11 AAC 99.060. Appeals

(a) A decision by the executive director is a final agency action. Judicial review may be sought under AS 44.62.560 .

(b) Before an appeal under AS 44.62.560 or other applicable law may be taken, a person who, under AS 38.05.035 (i), is eligible to file for reconsideration must do so within 20 calendar days after publication of notice or receipt of the decision, whichever is earlier. The executive director shall order or deny reconsideration within 20 days after receiving the request for reconsideration. If the executive director takes no action during the 20-day period following receipt of the request, the request is considered denied. Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560 .

(c) A person may appeal a decision made under 11 AAC 99.040 to the superior court, but only if the person was eligible to request, and did request, reconsideration under (b) of this section. The person must initiate the appeal within 30 days after the date that the decision on reconsideration is mailed or the date the request for reconsideration is considered denied by the executive director, whichever is earlier.

(d) Provisions of law applicable to other state land, including AS 38.05.035 and 11 AAC 02, that appear to be in conflict with this section do not apply to trust land unless determined by the executive director, on a case-by-case basis, to be consistent with 11 AAC 99.020. The determination shall be stated in a written finding. A provision found to be consistent then forms a part of the appeals process for that action under this section.

History: Eff. 3/31/97, Register 141

Authority: AS 37.14.009

AS 38.05.020

AS 38.05.801

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.