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Title 18 . Environmental Conservation
Chapter 80 . Administrative Enforcement
Section 1250. Department order after hearing

18 AAC 80.1250. Department order after hearing

(a) After affording an opportunity for a hearing under 18 AAC 15.195 - 18 AAC 15.340, the department will issue an order in writing affirming, modifying, or rescinding an administrative penalty. In the order, the department will include text that reads substantially as follows: "This administrative order is the final agency decision. The entity may obtain judicial review of this administrative penalty order by filing a notice of appeal in the superior court in the [number of the judicial district] judicial district at [address of the court] within 30 days from the date that the decision appealed from is mailed or otherwise distributed as provided by the Alaska Rule of Appellate Procedure 602. An administrative penalty order becomes final and is not subject to review by a court if an appeal is not timely filed with the superior court."

(b) If a penalty is not paid within 30 days after the date that the administrative penalty order becomes a final order by virtue of not being appealed to the superior court, the department may bring an action to collect the penalty, interest, and full reasonable attorney fees and costs.

History: Eff. 9/21/2002, Register 163

Authority: AS 46.03.020

AS 46.03.761


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Last modified 7/05/2006