18 AAC 15.200. Request for an adjudicatory hearing

(a) Within 30 days after the department issues a permit decision reviewable under 18 AAC 15.195 - 18 AAC 15.340 or within 30 days after the department issues a final decision under 18 AAC 15.185, whichever is later, a person authorized to request an adjudicatory hearing under this chapter may serve a request upon the commissioner. The request must be in writing and must contain

(1) the requestor's name, mailing address, and telephone number;

(2) the names and addresses of all persons adversely affected by the decision whom the requestor represents;

(3) a memorandum that supports the request; the memorandum must include

(A) a clear and concise factual statement of the nature and scope of the interests of the requestor, and an explanation of how and to what extent those interests would be directly and adversely affected by the decision; that explanation must include a discussion of the factors in 18 AAC 15.220(b) (1)(A);

(B) a clear and concise statement of

(i) each disputed issue of material fact and question of law proposed for consideration at the hearing;

(ii) the relevance to the permit decision of each matter identified under (i) of this subparagraph; and

(iii) the hearing time estimated to be necessary for the adjudication;

(D) if applicable, specific reference to the contested terms or conditions of the department's decision, as well as suggested alternative terms and conditions that in the requestor's judgment are required to implement applicable requirements of law.

(b) Unless a permit is being renewed, if the application was made solely for a permit amendment, a request for an adjudicatory hearing may not raise issues relating to

(1) the validity of the permit for which an amendment is sought; or

(2) unrelated permit conditions for which an amendment was not sought.

(c) A copy of the request for an adjudicatory hearing must be served on the department office that issued the decision being challenged, and on the permit applicant. A copy of the request also must be provided to the department office in an electronic format, unless the department waives this requirement because the requestor lacks a readily accessible means or the capability to provide items in an electronic format.

(d) The department will issue by mail a notice of the request for hearing to the requestor, to the permit applicant, and to each person who commented on the application or proposed permit decision, and will post that notice on the Alaska Online Public Notice System established under AS 44.62.175 . In the notice of request for hearing, the department will inform persons that the hearing request is available for review by contacting the department or by reviewing the department's web site. In the notice, the department will also include the statement that a person who wishes to file a response to the request for hearing must do so by serving a response on the commissioner within 20 days after issuance of the notice.

(e) A request under 18 AAC 15.185 for informal agency review stays the deadlines set out in 18 AAC 15.200 - 18 AAC 15.340 while the request is pending and during any informal review.

History: Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.35.090 (e)

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