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(a) An applicant or other party may request an oral or written administrative hearing by filing a request for a hearing with the commission. The request for a hearing must contain a statement of why the commission's determination should be changed, and indicate which findings of fact, interpretation of regulation, or interpretation of statute the party believes to be in error. An administrative hearing will be granted upon the determination that the written request for a hearing demonstrates a genuine issue in contention.
(b) The following schedule governs requests for a hearing:
(1) Application classification or denial. The request for a hearing must be received on or before the 45th day following the mailing date of the notice of classification or notice of denial, whichever was earlier.
(2) Ineligibility for classification as a resident of Alaska under 20 AAC 05.290(a) for purposes of permit annual fee payment or ineligibility for the reduced annual fee under AS 16.43.160 (c). The request for a hearing must be received on or before the 45th day following the date that the notice of ineligibility for the lower fee was mailed to the applicant.
(3) Transfer of an entry permit or interim-use permit under 20 AAC 05.1700 - 20 AAC 05.1770. The request for a hearing must be received on or before the 45th day following the date that the notice of denial was mailed to the holder and the proposed transferee.
(4) All other final commission determinations. The request for a hearing must be received on or before the 45th day following the mailing of the written notice of the commission's determination.
(c) Failure to request a hearing following a determination by the commission, as set out in subsection (b) of this section, precludes further administrative consideration except as provided in subsection (d) of this section.
(d) A commission determination or action affected by administrative error will, in the commission's discretion, be adjusted upon written notice to the applicant or other party. Such an adjustment is subject to an administrative hearing as specified in (b) of this section.
(e) The denial by a hearing officer of a request for an administrative hearing is a final decision for which administrative review may be sought under 20 AAC 05.1845.
History: Eff. 12/18/74, Register 52; am 1/2/81, Register 77; am 12/30/82, Register 84; am 12/29/84, Register 92; am 5/20/90, Register 114
Authority: AS 16.43.100
Editor's note: As of Register 90 (July 1984), the wording of 20 AAC 05.1805(b)(3) has been corrected by the regulations attorney at the request of the Commercial Fisheries Entry Commission. The reference to an interim-use permit has been relocated and the citation of 20 AAC 05.420 has been deleted because that section was repealed earlier.
As of Register 160 (January 2002), the regulations attorney made a technical revision under AS 44.62.125 (b)(6), to 20 AAC 05.1805(b)(2).
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Last modified 7/05/2006