Alaska Administrative Code (Last Updated: January 12, 2017) |
Title 11. Natural Resources. |
Part 11.1. Office of the Commissioner. |
Chapter 11.02. Appeals. |
Section 11.02.020. Finality of a decision for purposes of appeal to court.
Latest version.
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(a) Unless otherwise provided in a statute or a provision of this title, an eligible person must first either appeal or request reconsideration of a decision in accordance with this chapter before appealing a decision to superior court. (b) The commissioner's decision on appeal is the final administrative order and decision of the department for purposes of appeal to the superior court. (c) The commissioner may order or deny a request for reconsideration within 30 calendar days after issuance of the decision, as determined under 11 AAC 02.040(c) - (e). If the commissioner takes no action during the 30-day period, the request for reconsideration is considered denied. Denial of a request for reconsideration is the final administrative order and decision of the department for purposes of appeal to the superior court. (d) If the commissioner timely orders reconsideration of the decision, the commissioner may affirm the decision, issue a new or modified decision, or remand the matter to the director for further proceedings. The commissioner's decision, other than a remand decision, is the final administrative order and decision of the department for purposes of appeal to the superior court.
Authorities
03.05.010;29.65.050;29.65.120;38.04.900;38.05.020;38.05.035;38.08.110;38.09.110;38.50.160;41.15.020;41.17.055;41.21.020;44.37.011;46.15.020;46.17.030
Notes
Authority
AS 03.05.010 AS 29.65.050 AS 29.65.120 AS 38.04.900 AS 38.05.020 AS 38.05.035 AS 38.08.110 AS 38.09.110 AS 38.50.160 AS 41.15.020 AS 41.17.055 AS 41.21.020 AS 44.37.011 AS 46.15.020 AS 46.17.030History
Eff. 11/7/90, Register 116; am 9/19/2001, Register 159