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(a) Within 30 days of service of the order under sec. 110(a) of this chapter (except for a petition by the respondent pertaining to a hearing held under sec. 20(e)(2) of this chapter), a party may serve upon the commissioner, and the opposing party, a petition for reconsideration and supporting memorandum. If the commissioner did not hear the case himself, a copy of the transcript of the hearing, if available, shall also be served upon the commissioner and the opposing party.
(b) Within 10 days of service of the petition, the opposing party may serve upon the commissioner and the petitioning party a responsive memorandum.
(c) Neither the submission nor granting of a petition for reconsideration acts as a stay of any provision of the compliance order unless the commissioner otherwise directs. Applications for a stay will be granted only when the petition raises serious and substantial questions regarding the validity of the order, and no significant harm to the public health or environment will be caused by a delay.
(d) After granting a petition, and upon a review of the record, the commissioner will affirm, modify or reverse the order made under sec. 110(a) of this chapter within 20 days of the granting of the petition. The commissioner will, in his discretion, also order the taking of new evidence.
(e) A petition for reconsideration by the respondent pertaining to a hearing held under sec. 20(e)(2) of this chapter may be served only after service of the order under sec. 110 of this chapter affirming or modifying the compliance order.
History: Eff. 7/24/77, Register 63
Authority: AS 46.03.020 (10)
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Last modified 7/05/2006