Section 18 AAC 30.985 - Violations(a) A facility in violation of 18 AAC 30.400 - 18 AAC 30.470 is subject to the penalties contained in AS 18.35.050 and 18.35.080.(b) A facility in violation of 18 AAC 30.600 - 18 AAC 30.680 is subject to the penalties contained in AS 18.35.110 and 18.35.210.(c) A facility in violation of any provision of this chapter is subject to closure h,y the department. If the violation poses an imminent health hazard. the department, without prior hearing, may close the facility by serving a notice of closure on the operator. Not later than 10 days after receiving the notice of closure from the department. the operator may submit a reguest for hearing to the commissioner. If the violation does not pose an imminent health hazard, the notice of closure is not effective until the operator is provided an expedited hearing under (d) of this section. In the notice of closure the department will inform the operator of the opportunity to request, not later than 10 days after receiving the notice of closure, an expedited hearing. For purposes of this subsection, an imminent health hazard is a significant threat or danger to health that is considered to exist if the department determines or has cause to believe, based on the number of potential injuries and the nature. severity. and duration of the anticipated injury. that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury.(d) Upon receiving a timely request for an expedited hearing under (c) of this section, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for an expedited hearing and recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision. The expedited hearing will be held under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than 14 days after the department receives the request for expedited hearing.Eff. 4/18/82, Register 82; am 11/5/2017,Register 224, January 2018Authority:AS 17.20.010
AS 17.20.013
AS 17.20.030
AS 17.20.040
AS 17.20.044
AS 17.20.045
AS 17.20.048
AS 17.20.050
AS 17.20.150
AS 17.20.180
AS 18.35.030
AS 18.35.120
AS 18.35.220
AS 44.46.020
AS 46.03.020