18 AAC 78.950. Dispute resolution

(a) If the owner or operator of a UST disagrees with a decision under AS 46.03.410 - 46.03.430 or 18 AAC 78.500 - 18 AAC 78.560, the owner or operator may request the board to review the decision. The request for review must be made in writing to the chairperson of the board as a notice of intent to appeal, and must include

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

(2) a brief, clear summary of the reasons for requesting the review.

(b) A notice of intent to appeal must be submitted to the board within 60 days after receipt of a decision from the department.

(c) A hearing under this section will be scheduled within 60 days following receipt of the notice of intent to appeal or at the next scheduled board meeting, whichever is earlier. If all parties agree, a hearing may be scheduled more than 60 days after receipt of the notice of intent to appeal. Immediately after scheduling a hearing for review under this section, the board chairperson or the chairperson's designee shall send a notice

(1) to the department and each board member of the request for review, including a copy of the notice of intent to appeal and a copy of the notice sent under (2) of this subsection; and

(2) by certified mail, return receipt requested, or other reliable means, to the requestor of the time and place of the scheduled hearing.

(d) If the requestor fails to appear for the hearing at the time and place stated in the notice issued under (c) of this section, and if a delay has not been granted by the board, the failure to appear will be considered a waiver of the requestor's right to a review.

(e) The board chairperson shall preside over the hearing and will have full authority to control the procedure of the hearing and to rule on all motions and objections.

(f) The board chairperson may admit any relevant evidence, regardless of the existence of any common law, statute, or court rule that might make improper the admission of that evidence over objection in a civil action, if it is the sort of evidence on which a responsible person is accustomed to rely in the conduct of serious affairs. Hearsay evidence may be used to supplement or explain direct evidence, but is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action.

(g) A hearing under this section will be recorded, and is informal. Oral evidence must be given under oath or affirmation. The board chairperson, the requestor, and the department may

(1) call and examine witnesses;

(2) cross-examine witnesses; and

(3) introduce exhibits.

(h) The board chairperson may, for good cause shown, continue a hearing from day to day, or recess it to a later date or to a different place by announcement at the hearing or by notice.

(i) Within 10 days after the conclusion of a hearing under this section, the board will issue a

(1) final decision, if the request for review was made to dispute a determination of eligibility for grants or loans or to dispute a priority ranking, stating the reasons for the decision, and indicating the evidence relied upon in reaching that decision; or

(2) recommended decision, for a final determination by the department, if the request for review was made to dispute a department decision under AS 46.03.420 (c)(3), 46.03.422(a)(4), or 18 AAC 78.500 - 18 AAC 78.555, other than an eligibility determination or priority ranking described in (1) of this subsection.

History: Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 4/16/2000, Register 154; am 1/30/2003, Register 165

Authority: AS 46.03.020

Sec. 16, ch. 70,

SLA 1999

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