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(a) Subject to the overall time limit established under 11 AAC 110.265(a) and, if applicable, 11 AAC 110.265(b) (2), the coordinating agency may modify the consistency review schedule under the following circumstances and for the time specified:
(1) the coordinating agency and a resource agency may agree to modify the review schedule as necessary to coordinate the consistency review with the resource agency's statutory or regulatory authorization review process, including a disposal of an interest in state land, so long as the length of time for receipt of comments is at least as long as under 11 AAC 110.245;
(2) if the coordinating agency receives a request for additional information from a review participant under 11 AAC 110.240(a) , the coordinating agency may modify the review schedule by up to three days to evaluate the request and consult with other review participants with expertise or responsibility;
(3) consistent with 11 AAC 110.265(b) (2)(A), if the coordinating agency requests additional information from the applicant under 11 AAC 110.240, the coordinating agency may modify the review schedule as necessary until the requesting review participant receives the information and considers the information adequate within the timeframe identified under 11 AAC 110.240(e) ;
(4) the coordinating agency may modify the review schedule as necessary for a public hearing or public meeting that is held as part of
(A) a consistency review;
(B) a resource agency's review of a necessary authorization application; or
(C) preparation of an affected coastal resource district's comments for submission to the coordinating agency;
(5) the coordinating agency may modify the review schedule as necessary for the adjudication process of an authorization issued by a coastal resource district exercising authority under AS 29, if the coastal resource district's consistency review comments under 11 AAC 110.250 are pending the results of the adjudication;
(6) the coordinating agency may extend the review schedule at the request of the applicant;
(7) the coordinating agency may modify the review schedule to address a question of law;
(8) the coordinating agency may modify the review schedule by up to five days for a resource agency or coastal resource district to consider timely submitted public comments;
(9) the coordinating agency may extend the comment deadline by up to 10 days for a project within a coastal resource service area;
(10) the coordinating agency may extend the review schedule by up to 10 days if a review participant requests time for a field review;
(11) if the coordinating agency issues a revised proposed consistency determination or consistency response under 11 AAC 110.255(i) or 11 AAC 110.440(e) , the coordinating agency may modify the review schedule by up to five days to allow for the submission of a request for elevation under 11 AAC 110.600;
(12) if the coordinating agency receives a request for elevation under 11 AAC 110.600, the coordinating agency shall suspend the review schedule by no more than 45 days, or until the commissioner's decision on the elevation is made, whichever occurs first.
(b) The coordinating agency shall notify the applicant and each review participant of a schedule modification and the reasons for the schedule modification.
(c) Except for a review modified under (a)(3) of this section, when the coordinating agency restarts a review for which the schedule was modified under this section, the day that the review is restarted shall be assigned the day of the review schedule on which the review was stopped. For a review modified under (a)(3) of this section, the day that the review is restarted shall be assigned the day of the review schedule following the day on which the review was stopped.
(d) A resource agency may deny an authorization any time before, during, or after the consistency review has been completed. If an authorization is denied during a consistency review, the coordinating agency and review participants may agree to suspend or terminate the consistency review.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006