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(a) Within 30 days after receiving a department decision under this chapter, the applicant, operator, system owner, or other person adversely affected by the decision may request a review of the decision by the director. The request must be made in writing to the director and must include
(1) the name, mailing address, and telephone number of the requestor;
(2) a description of the matter being reviewed, including applicable facts regarding classifications or determinations; and
(3) a clear and concise statement of the basis for the request, including
(A) a 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 department's decision; and
(B) the contested terms or conditions, and proposed alternatives.
(b) Upon receipt of a request for review, the director, or a designee who is a department employee other than the individual who issued the contested decision, shall decide if the request has merit, or if the original decision by the department is satisfactory. If the director or designee decides that the request does not merit a review, the requestor shall be notified in writing of this decision, and of the reasons for the decision. The denial must include the statement that the requestor may seek an adjudicatory hearing under 18 AAC 15.200.
(c) If a review is granted, the director or designee may request additional information of the applicant or other requestor. The director or designee shall provide the board with copies of the request for review and any additional information. The director or designee may hold a hearing with the board attending. The commissioner will not attend or participate in any hearing under this subsection. The board shall issue a recommendation to the director or the director's designee regarding a decision on the request for review. The commissioner will not take part in the board's development of that recommendation.
(d) Within 30 days after receipt of the board's recommendation and any additional information, the director or designee shall issue a final decision. The decision must include the statement that the requestor may seek an adjudicatory hearing under 18 AAC 15.200.
History: Eff. 1/18/2001, Register 157
Authority: AS 46.03.020
AS 46.30.090 (e)
Editor's note: The subject matter of 18 AAC 74.860 was previously located at 18 AAC 74.160. The history note for 18 AAC 74.860 does not reflect the history of 18 AAC 74.160.
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Last modified 7/05/2006