Section 3 AAC 305.095 - Procedure on objection or protest; appeals(a) If the board receives an objection described in AS 04.11.470, a protest described in AS 04.11.480(a) and 3 AAC 305.085, or a protest described in AS 04.11.480(b), the board will follow the following procedures: (1) in the case of an objection described in AS 04.11.470, the board will consider the objection at its first regular meeting at which it considers the application after the objection is received and determine whether it is appropriate to hold a public hearing under AS 04.11.510(b)(2) to ascertain the reaction of the public or a local governing body to the application; if the board determines that it is appropriate to hold a public hearing, the board will follow the procedures in (b) of this section;(2) if the board receives a protest of an application from a local governing body described in AS 04.11.480(a), the board will review the protest at its first regular meeting at which it considers the application after the protest is received and, if the board has any indication that the protest might be arbitrary, capricious, or unreasonable, the board will first determine whether the protest is based on a question of law; if the protest is found to be based in whole or in part on a question of law, the board will schedule the matter for a public hearing under (b) of this section and AS 04.11.510(b)(4); unless a hearing is required by another provision of law, if the protest is found not to be based on a question of law the board may conduct a public hearing under (b) of this section to ascertain the reaction of the public or a local governing body to the application in question; if the board has no indication that the protest is arbitrary, capricious, or unreasonable, it may vote to uphold the protest, and the applicant and the board will follow the procedure set in AS 04.11.510(b)(1); if the board decides to overrule the protest, the local governing body may appeal the board's decision under AS 44.62.(3) if the board receives a protest described in AS 04.11.480(b), the board will conduct a public hearing as required by AS 04.11.510(b)(3).(b) A public hearing under this section will, be conducted after proper notice to interested parties and members of the public. The board shall exercise all other powers relating to the conduct of the hearing.(c) A public hearing conducted under this section will be recorded by a qualified court reporter or the board's staff.(d) A hearing required to be held under AS 44.62 is delegated to a hearing officer alone, unless the board decides to sit along with a hearing officer for a specific matter. Eff. 1/1/2024, Register 248, January 2024Authority:AS 04.06.005
AS 04.06.090
AS 04.06.100