Section 11.02.060. Stays; exceptions.

	(a)  Except as provided in (c) and (d) of this section, timely appealing or requesting reconsideration of a decision in accordance with this chapter stays the decision during the commissioner's consideration of the appeal or request for reconsideration. If the commissioner determines that the public interest requires removal of the stay, the commissioner will remove the stay and allow all or part of the decision to take effect on the date set in the decision or a date set by the commissioner.  
	(b)  Repealed 9/19/2001.  
	(c)  Unless otherwise provided in a statute or a provision of this title, a decision takes effect immediately if it is a decision to  
		(1) issue a permit that is revocable at will;  
		(2) approve surface operations for a disposal that has already occurred or a property right that has already vested; or  
		(3) administer an issued oil and gas lease or license, or an oil and gas unit agreement.  
	(d)  Timely appealing or requesting reconsideration of a decision described in (c) of this section does not automatically stay the decision. However, the commissioner will impose a stay, on the commissioner's own motion or at the request of an appellant, if the commissioner determines that the public interest requires it.  
	(e)  A decision takes effect immediately if no party is eligible to appeal or request reconsideration and the commissioner waives the commissioner's right to review or reconsider the decision.  

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;46.15.020;46.17.030

Notes

Reference

11 AAC 02.030

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 46.15.020 AS 46.17.030

History

Eff. 11/7/90, Register 116; am 9/19/2001, Register 159