15 AAC 160.910. Request for formal administrative hearing

(a) A person, municipality, qualified organization, applicant, permittee, registered vendor, or licensee may file a request for a formal hearing to obtain administrative review of an informal conference decision by the department that

(1) denies, suspends, or revokes the applicant's, permittee's, registered vendor's, or licensee's permit, license, or registration under AS 05.15;

(2) upholds assessment of a tax, interest, or penalty against the permittee, registered vendor, or licensee under AS 05.15 or this chapter;

(3) requires the person, qualified organization, or municipality to obtain a permit, license, or registration under AS 05.15; or

(4) orders the registered vendor or licensee to pay a refund required by AS 05.15 or this chapter.

(b) A written request for a formal administrative hearing must be filed with the department within 15 days after the date the appealed action by the department becomes effective. For purposes of this section, a written request is considered filed on the date that it is delivered to the department in Juneau, or, if delivered by the United States mail, the date of the postmark.

(c) Within 15 days after receiving the request, the department will forward the request, along with a copy of the underlying department decision and the record on which the department relied to support the decision, to the Department of Administration, Office of Administrative Hearings.

(d) Notwithstanding the filing of a request for formal administrative hearing, a person or entity may not engage in conduct regulated by AS 05.15 or this chapter if the department has denied, suspended, or revoked the person's or entity's permit, license, or registration, unless the denial, suspension, or revocation has been administratively or judicially stayed.

(e) The administrative law judge will issue a stay upon a determination that the party seeking the stay is likely to prevail on the merits. The administrative law judge may conduct a hearing to determine the need for a stay and may impose reasonable additional requirements upon a party seeking a stay, as determined necessary to further the public interest.

History: Eff. 7/30/94, Register 131; am 11/10/96, Register 140; am 1/1/2003, Register 164; am 9/3/2005, Register 175

Authority: AS 05.15.060

AS 05.15.128

AS 05.15.170

AS 05.15.610

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