17 AAC 25.375. Appeals

(a) To appeal from an order under 17 AAC 25.350 or 17 AAC 25.360, or from a permit revocation under 17 AAC 25.370, an aggrieved person must make a written appeal to the division director. Any appeal must be received by the division director within seven days after the date of the order or revocation. The written appeal must set out the grounds for the appeal and any argument in support of the appeal. An order or revocation from which an appeal is made remains in effect until a final decision is issued under (b)(5) or (c) of this section.

(b) As the division director considers necessary to resolve disputed questions of fact, the division director shall, within 10 days after receiving an appeal, hold a hearing in substantial accordance with the following procedures:

(1) the division director may designate an employee of the department to conduct the hearing, if the designated employee did not take part in the original order or revocation;

(2) the department will provide at least five days' notice of the time and place of the hearing to the appellant;

(3) written statements may be submitted;

(4) the hearing will be recorded;

(5) within 10 days after the hearing, the division director shall issue a written decision affirming, modifying, or reversing the original order or revocation.

(c) If the division director does not consider a hearing to be necessary under (b) of this section, the division director, within 10 days after receiving an appeal, shall issue a written decision affirming, modifying, or reversing the original order or revocation. The division director may designate an employee of the department to issue the written decision, if the designated employee did not take part in the original order or revocation.

(d) The decision under (b)(5) or (c) of this section is a final department decision for purposes of an appeal to the superior court under the Alaska Rules of Appellate Procedure.

History: Eff. 10/7/2001, Register 160

Authority: AS 19.05.010

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