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(a) If an applicant needs an expedited consistency review due to a disaster emergency declared under AS 26.23 or AS 46.04.080 , or if the coordinating agency finds that an expedited review is necessary for the immediate preservation of the public peace, health, safety, or general welfare, the coordinating agency, in consultation with the resource agencies and any affected coastal resource district, may expedite a consistency process established in this chapter as necessary to meet the emergency. The decision to expedite the review must be based upon clear and convincing evidence of a need to expedite the review.
(b) The coordinating agency shall document in writing a decision under (a) of this section to expedite a consistency review. The coordinating agency shall expedite the consistency review process as necessary to meet the emergency, shall provide public notice of the expedited consistency review process as required by AS 46.40.096 (c), in the appropriate format and medium given the emergency, and, as soon as practicable, shall issue a proposed consistency determination and final consistency determination in accordance with AS 46.40.096 (d), 11 AAC 110.255, and 11 AAC 110.260.
(c) An expedited consistency review is not subject to the public notice requirements of 11 AAC 110.500. The elevation process under 11 AAC 110.600 shall be expedited as necessary to meet the emergency.
(d) Nothing in this section affects the governor's powers under AS 26.23 during a disaster emergency declared under that chapter.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006