11 AAC 51.910. Appeal

(a) In accordance with 11 AAC 02, an eligible person may appeal a decision issued under this chapter, including

(1) an R.S. 2477 right-of-way identification decision under 11 AAC 51.055(d) or a decision following notice under 11 AAC 51.100(f) , if the appellant demonstrates that there are questions of fact to be resolved on the route's qualification as an R.S. 2477 right-of-way;

(2) a permit decision following notice under 11 AAC 51.100(e) (1) or (e)(2), on the basis that new construction or use of an easement will adversely affect the appellant's access or use, or that the easement's surveyed location is incorrect.

(b) The commissioner's decision on an appeal under 11 AAC 02 is the final administrative order and decision of the department for purposes of appeal to superior court.

History: Eff. 5/3/2001, Register 158

Authority: AS 38.04.900

AS 38.05.020

AS 38.05.035

AS 44.37.011

Editor's note: The subject matter of 11 AAC 51.910 was formerly located at 11 AAC 51.070 and 11 AAC 51.080. The history note for 11 AAC 51.910 does not reflect the history of the earlier sections.

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