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Title 18 . Environmental Conservation
Chapter 34 . Administrative Enforcement
Section 950. Right to appeal noncompliance decision

18 AAC 34.950. Right to appeal noncompliance decision

(a) A person subject to this chapter may seek an informal review under 18 AAC 15.185 of a department decision regarding that person's noncompliance with this chapter.

(b) If the matter being reviewed involves a fee under this chapter, the applicant need not pay the fee until the director issues a final decision under (c) of this section, and the department will not charge interest while the director considers the matter.

(c) The director's decision is a final agency decision for purposes of judicial review. Any fee that may then be due must be paid within 30 days after issuance of the decision.

(d) Nothing in this section affects a processor's rights to request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act).

History: Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 7/11/2002, Register 163

Authority: AS 17.20.005

AS 17.20.065

AS 17.20.072

AS 17.20.180

AS 44.46.020

Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.950 without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.

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Last modified 7/05/2006