Section 18 AAC 60.260 - Permit termination and modification(b) No later than 30 days before terminating or modifying under AS 46.03.120 a permit issued under this chapter, other than a general permit subject to termination or modification under AS 46.03.120 and 18 AAC 60.255, the department will issue a written notice of termination or modification. In the notice, the department will (1) include a clear, detailed statement describing reasons for the department's decision, including acts or omissions of the permittee that led to the department's decision to modify or revoke;(2) clearly specify the statute, regulation, or permit condition the permittee is alleged to have violated, including the nature of the violation; and(3) state that the permittee may request an expedited hearing before the office of administrative hearings (AS 44.64.010), if the request is submitted to the commissioner and the office of administrative hearings not later than 10 days after receipt of the notice; a request for an expedited hearing must include a written statement of reasons why the permittee believes the department's decision to be in error; failure to file a timely request for hearing constitutes a waiver of the permittee's right to a hearing; upon receipt of a timely request for an expedited hearing, the office of administrative hearings will schedule the request for an expedited hearing, conduct the expedited hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990, and forward a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the notice of termination or modification.(c) An expedited hearing under this section will be held not later than 10 days after a request for an expedited hearing is received by the office of administrative hearings (AS 44.64.010) under (b) of this section, and the commissioner or the commissioner's designee will issue a final decision as provided in 2 AAC 64.340 after receiving a recommended decision from the office of administrative hearings following the hearing. A decision under this subsection is a final agency decision subject to judicial review.(d) If the permittee and the department agree to delay the hearing for more than 30 days after the notice is issued under (b) of this section, the department's decision remains in effect unless the permittee requests and is granted a stay by the commissioner or commissioner's designee. A request for a stay must meet the requirements of 18 AAC 15.210.Eff. 1/28/96, Register 137; am 9/5/2010, Register 195; am 11/5/2017,Register 224, January 2018Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.100
AS 46.03.120
AS 46.03.820
AS 46.03.850