Section 18 AAC 74.860 - Requests for review(a) Within 30 days after receiving a department decision under this chapter, the applicant, operator, system owner, or other person adversely affected by the decision may request a review of the decision by the director. The request must be made in writing to the director and must include(1) the name, mailing address, and telephone number of the requester;(2) a description of the matter being reviewed, including applicable facts regarding classifications or determinations; and(3) a clear and concise statement of the basis for the request, including (A) a statement of the nature and scope of the interests of the requester, and an explanation of how and to what extent those interests would be directly and adversely affected by the department's decision; and(B) the contested terms or conditions, and proposed alternatives.(b) Upon receipt of a request for review, the director, or a designee who is a department employee other than the individual who issued the contested decision, shall decide if the request has merit, or if the original decision by the department is satisfactory. If the director or designee decides that the request does not merit a review, the requester shall be notified in writing of this decision, and of the reasons for the decision. The denial must include the statement that the requester may seek an adjudicatory hearing under 18 AAC 15.200.(c) Within 60 days after the director or designee grants a review of a decision the board shall hold a meeting to review the original decision, consider any additional information provided, and develop a recommendation. Not later than 30 days before the board meeting, the department will issue a notice to the requestor of the review, including the date, time, and location of the board meeting and how the requestor can participate, Within 10 days after the board meeting. the board shall issue a recommendation to the director or designee. The commissioner will not participate in the board meeting or development of the board's recommendation.(d) Within 30 days after receipt of the board's recommendation and any additional information, the director or designee shall issue a final decision. The decision must include the statement that the requester may seek an adjudicatory hearing under 18 AAC 15.200.Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220, January 2017The subject matter of 18 AAC 74.860 was previously located at 18 AAC 74.160. The history note for 18 AAC 74.860 does not reflect the history of 18 AAC 74.160.
As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 74.860.
Authority:AS 46.03.020
AS 46.30.080