Title 11 . Natural Resources

Chapter 86 . (No Regulations Filed)

Section 784. Formal hearings

11 AAC 86.784. Formal hearings

(a) The department will hold a formal hearing for a holder if

(1) the holder timely files a protest fulfilling the requirements of 11 AAC 86.778(a) , waiving the right to an informal conference in favor of a formal hearing;

(2) within 30 days after the date on the department's notice under 11 AAC 86.781(c) of its decision on the conference officer's recommendation regarding that holder's protest, the holder files a written request for a formal hearing which fulfills the requirements of (b) of this section; or

(3) under the facts and circumstances of a particular case it appears appropriate to the department to conduct a formal hearing.

(b) A holder's request to continue its protest at a formal hearing after the department's decision under 11 AAC 86.781(c) regarding that protest must be in writing and must

(1) be personally delivered or mailed by certified mail, return receipt requested, to either the Anchorage or Fairbanks office of the department;

(2) state the nature of the holder's continuing protest and the relief sought; and

(3) state the grounds for the holder's protest, including the facts remaining at issue, the legal authority relied upon, and any generally accepted accounting principles that support the holder's protest.

(c) Following receipt of the holder's request for a formal hearing, the department will appoint a hearing officer to preside over that hearing. Notice of the appointment of the hearing officer will be mailed to the holder by certified mail. Within 15 days after the date on the notice, the holder may reject the hearing officer. A holder may exercise its right to reject a hearing officer only once.

(d) On the hearing officer's own motion or at the request of the holder or of the division, the hearing officer may order that a prehearing conference be scheduled for the purpose of narrowing issues or establishing a schedule for the discovery or production of evidence, for submission of briefs, or for stipulation of facts.

(e) The formal hearing will be scheduled as early as possible at an office of the department nearest the holder's place of business or at another time and place acceptable to the department and the holder.

(f) At the hearing, the holder has the burden of proving its protest by a preponderance of the evidence. At the hearing, both the holder and the department's representative may introduce into evidence materials relevant to a determination of the merit of the protest; however, redundant materials, even though relevant, may be excluded by the hearing officer.

(g) After the hearing, the hearing officer shall prepare a written recommendation, specifying the hearing officer's findings of fact and conclusions of law. Upon approval by the commissioner, the written recommendation of the hearing officer becomes the final decision of the department. If the commissioner disagrees with the recommendation of the hearing officer, the commissioner will issue a decision, supported by findings of fact and conclusions of law, which includes a discussion of the reasons the hearing officer's recommendation is not acceptable.

History: Eff. 7/26/91, Register 119; am 8/16/2000, Register 155

Authority: AS 38.05.212

Editor's note: The mailing and geographic addresses for the Anchorage and Fairbanks offices are the following: for Anchorage: Department of Natural Resources, Division of Mining, Land and Water, 500 West 7th Avenue, Suite 900, Robert B. Atwood Building, Anchorage, Alaska 99501; for Fairbanks: Department of Natural Resources, Division of Mining, Land and Water, 3700 Airport Way, Fairbanks, Alaska 99709.