18 AAC 15.237. Agency decision record

(a) If an adjudicatory hearing request is granted, or a hearing on the existing record and written briefs is granted, the department staff shall prepare the agency decision record. In the agency decision record, the department staff shall include the permit application and supporting documentation, written and electronic correspondence concerning the proposed action, additional information submitted by the applicant to the department, public comments and information submitted to the department on the proposed decision, tapes or transcripts of any public hearing, the department's decisional documents, and other materials that the department considered or relied upon in making the department's decision. Documents exempt from AS 40.25.110 - 40.25.125 will not be included in the agency decision record. The department staff shall number the pages of the agency decision record consecutively throughout the volumes. The department staff are not required to prepare an index of the agency decision record.

(b) Within 30 days after the expiration, under 18 AAC 15.225, of the time for intervention, if a request for intervention is not filed, or within 30 days after service of the commissioner's decision on requests for intervention, whichever is later, the manager for the department program involved in the contested decision shall certify the agency decision record as complete. The program manager shall at the same time also serve notice on all parties that the agency decision record is available for inspection and copying at the requesting party's expense. For good cause shown, the hearing officer may extend the time for preparation and certification of the agency decision record.

(c) The requestor shall pay the cost of gathering and certifying the agency decision record, including the reasonable cost of transcription of the tapes of any public hearing or other permit conference. If more than one requestor are parties, each requestor shall bear, on a pro-rata basis, the cost of gathering and certifying the agency permit record, unless the hearing officer grants another percentage allocation among the requestors. The department may require advance payment of the costs of gathering and certifying the record as reasonably estimated by the department. If the department requires advance payment, the cost of gathering and certifying the agency decision record must be paid before any further proceedings under this chapter. The department will waive all or part of the cost of gathering and certifying the record if the requestor demonstrates, to the department's satisfaction, an inability to pay those costs.

(d) The department will impose copying charges on a party requesting copies of a portion of or the entire agency decision record, unless the number of copies requested is de minimis.

History: Eff. 7/11/2002, Register 163

Authority: AS 46.03.020

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