11 AAC 83.252. Informal conferences

(a) Upon receipt of the lessee's written protest, the department will designate a conference officer who will promptly schedule the informal conference with the lessee. A lessee wishing to present facts and financial information regarding its NPSL in support of its position must bring all pertinent books, records and other documents to the conference or must make them readily available for examination by the conference officer. The conference officer may copy any of the books, records and other documents brought to the conference or made available for the conference officer's examination.

(b) A lessee whose protest turns solely on one or more findings of material fact and who has waived its right to an informal conference in favor of a formal hearing, may be required to attend an informal conference prior to going to a formal hearing if the department believes the disagreement over material facts can be resolved at the conference level.

(c) After considering the facts, financial information and arguments presented by the lessee at the informal conference, the officer will make a recommendation. The conference officer is not authorized to compromise or waive the net profit share payment that is protested by the lessee; however, upon a conference officer's recommendation that a correction of the department's original action is warranted, the department will make the recommended correction and promptly notify the lessee in writing of the correction.

(d) A lessee dissatisfied with the conference officer's recommendation and wishing to continue its protest in the matter, shall, within 30 days after the date of the department's notice of its action on the conference officer's recommendation, file a written request for a formal hearing before the department. Failure to file a timely request waives the lessee's right to further consideration of its protest before the department.

(e) A conference officer's recommendation is not a final administrative determination of the lessee's protest by the department.

History: Eff. 11/9/79, Register 72

Authority: AS 38.05.020

AS 38.05.180

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