Current through October 17, 2024
Section 18 AAC 75.570 - Failure to comply(a) If the department determines that an oil spill primary response action contractor, streamlined plan cleanup contractor, incident management team, or response planning facilitator has failed to meet or maintain a minimum registration standard identified in 18 AAC 75.560 - 18 AAC 75.570, the department may revoke, suspend, or modify the (1) contractor's registration; and(2) department's approval of the oil discharge prevention and contingency plan in which that contractor is listed as an oil spill primary response action contractor or the streamlined plan in which that contractor is listed as a streamlined plan cleanup contractor, streamlined plan incident management team, or response planning facilitator.(b) A person who is aggrieved by a department decision under (a) of this section may request an informal review of that decision under 18 AAC 15.185 by submitting a request to the director of the division assigned to spill prevention and response within the department, or may request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) by submitting a request to the commissioner. Upon receipt of a timely request for adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.Eff. 9/25/93, Register 127; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 11/5/2017, Register 224, January 2018; am 11/7/2020, Register 236, January 2021Authority:AS 46.03.020
AS 46.04.030
AS 46.04.035
AS 46.04.055
AS 46.04.070