11 AAC 114.375. Petition regarding nonimplementation of a district plan

(a) A petition under AS 46.40.100 must be decided by the commissioner.

(b) The petition must be submitted in writing to the office. The petition must

(1) include the petitioner's name, mailing address, and street address and must also include a telephone number, and any facsimile number or electronic mail address, at which the petitioner may be reached;

(2) specify whether the petitioner is a district, a citizen of the district, or a state resource agency;

(3) identify the district that is the subject of the petition;

(4) include a list of points that the petitioner intends to argue in the petition;

(5) explain how the approved district plan is not being implemented; and

(6) suggest an alternative action that will implement the plan.

(c) The office shall serve a copy of the petition on the district that is the subject of the petition. The district shall serve any response to the petition on the office and the petitioner within 20 days after receipt of the petition.

(d) Within 20 days after the hearing conducted under 11 AAC 114.380, the hearing officer shall prepare and submit to the commissioner, the petitioner, the affected district, and the office draft written findings and a draft written decision, along with the record developed at the hearing. The commissioner may

(1) adopt as the commissioner's findings and decision the draft findings and decision of the hearing officer;

(2) modify the draft findings and decision and adopt the modified findings and decision as the commissioner's; or

(3) reject the draft findings and decision and return the matter to the hearing officer, with instructions as the commissioner determines appropriate.

(e) Within five days after the commissioner's decision is issued, the office shall distribute the decision to

(1) the petitioner;

(2) the district whose plan was the subject of the petition; and

(3) each state agency and person that the office identifies as having an interest in the petition.

(f) The effective date of a commissioner decision under this section is the date the office distributes the decision. As of the date of distribution, the commissioner's decision is a final administrative decision under the program.

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

Authority: AS 46.39.010

AS 46.39.030

AS 46.39.040

AS 46.40.100

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