11 AAC 110.520. Public hearing

(a) The coordinating agency shall schedule and hold a public hearing in an area that the coordinating agency considers a project will likely affect if the coordinating agency

(1) receives a written request for a public hearing regarding the project no later than

(A) Day 17 in a 30-day review; or

(B) Day 30 in a 50-day review; and

(2) finds that the request is based on facts or information

(A) relevant to the project's consistency with an enforceable policy of the program; and

(B) that would not otherwise be available in the consistency review.

(b) Within seven days after receiving a written request for a public hearing regarding the project, the coordinating agency shall

(1) decide whether to hold a public hearing; and

(2) notify the requestor if the coordinating agency will accept the request under (a) of this section.

(c) At least 15 days but no more than 30 days before the date of a public hearing scheduled under (a) of this section, the coordinating agency shall give notice of the time and place of the hearing

(1) by publication in a newspaper of general circulation in the area the project is likely to affect;

(2) by written notice to the governing body of an affected coastal resource district and any authorizing resource agency; and

(3) if the project is to be located in the unorganized borough, by radio or television broadcast to the area the project is likely to affect.

(d) If a comment at a public hearing held under this section presents a new issue or information that the review participants have not already considered, the coordinating agency shall summarize each such comment and distribute the summary to each review participant and the applicant within five days after the hearing. A review participant or the applicant may submit a written response to the summary, so long as the coordinating agency receives the response within seven days after distribution of the summary.

(e) If a resource agency or an affected coastal resource district holds a public hearing as part of the permit process under the authority of the agency or the district or to develop the agency's or district's consistency review comments, the coordinating agency may consider a comment received at that hearing as part of the consistency review if

(1) the comment meets the requirements of 11 AAC 110.510(a) and, if applicable 11 AAC 110.510(b) ;

(2) with respect to a resource agency hearing, the resource agency holds the with the coordinating agency; and

(3) the coordinating agency receives the comment from the resource agency or the affected coastal resource district on or before the comment deadline established under 11 AAC 110.245, 11 AAC 110.325, or 11 AAC 110.430, as applicable.

(f) The office may, at the request of a resource agency coordinating a public hearing under this section, assist the resource agency in implementing the public hearing requirements of this section.

History: Eff. 7/1/2004, Register 170

Authority: AS 46.39.010

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