Title 20 . Miscellaneous Boards and Commissions

Chapter 25 . Mental Health Trust Authority

Section 535. Enforcement

20 AAC 25.535. Enforcement

(a) If the commission, as the result of an investigation or otherwise, considers that a person may have violated or failed to comply with a provision of AS 31.05, this chapter, or a commission order, permit, or other approval, the commission will, in its discretion, take enforcement action under this section against the person.

(b) If the commission proposes to take enforcement action under this section against a person, the commission will send the person a written notification by personal service or by certified mail, return receipt requested. The commission's written notification to the person will

(1) state the nature of the apparent violation or noncompliance;

(2) summarize the reasons why the commission considers a violation or noncompliance to have occurred;

(3) state the action that the commission proposes to take under (e) of this section; and

(4) inform the person of the person's rights and liabilities under (c) - (e) of this section.

(c) Within 15 days after receipt of a notification under (b) of this section, a person may file with the commission a written response that concurs in whole or in part with a proposed commission action, requests informal review, or requests a hearing under 20 AAC 25.540. The commission will, in its discretion, extend the 15-day response period for good cause shown. If a person fails to file a timely written response, the commission will consider the person to have accepted the proposed commission action by default. If a person requests a hearing, the commission will schedule a hearing under 20 AAC 25.540.

(d) If a person requests informal review under (c) of this section, the commission will provide an opportunity for the person to submit documentary material and make a written or oral statement. The commission will then issue a proposed decision or order. A proposed decision or order becomes final 11 days after it is issued unless within 10 days after it is issued the person files a written request for a hearing, in which case the proposed decision or order is of no effect. If the person requests a hearing, the commission will schedule a hearing under 20 AAC 25.540.

(e) If a person concurs in a proposed action under (c) of this section, or after an informal review or a hearing under (c) or (d) of this section, and if the commission finds that a person has violated or failed to comply with a provision of AS 31.05, this chapter, or a commission order, permit, or other approval, the commission will, in its discretion, order one or more of the following, as it determines to be applicable:

(1) corrective action or remedial work;

(2) revocation or suspension of a permit or other approval;

(3) payment under the bond required by 20 AAC 25.025;

(4) imposition of penalties under AS 31.05.150 .

(f) The commission's action under (e) of this section after an informal review or a hearing is not limited to what the commission proposed under (b)(3) of this section, if the person has reasonable notice and opportunity to be heard as to the commission's action.

(g) An action by the commission under this section is in addition to any action the commission may take under AS 31.05.160 .

(h) If an apparent violation or noncompliance described in a notification under (b)(1) of this section relates to the underground disposal of oil field wastes or the underground storage of liquid hydrocarbons requiring commission authorization under 20 AAC 25.252 or relates to the injection of fluids requiring commission authorization under 20 AAC 25.402 or 20 AAC 25.460, a person with an interest that is or may be adversely affected may intervene in proceedings under this section.

History: Eff. 11/7/99, Register 152

Authority: AS 31.05.030

AS 31.05.040

AS 31.05.050

AS 31.05.060

AS 31.05.095

AS 31.05.150