Section 18.60.260. Permit termination and modification.

	(a)  Repealed 9/5/2010.  
	(b)  No later than 30 days before terminating or modifying under AS 46.03.120 a permit issued under this chapter, other than a general permit subject to termination or modification under AS 46.03.120 and 18 AAC 60.255, the department will issue a written notice of termination or modification. In the notice, the department will  
		(1) include a clear, detailed statement describing reasons for the department's decision, including acts or omissions of the permittee that led to the department's decision to modify or revoke;  
		(2) clearly specify the statute, regulation, or permit condition the permittee is alleged to have violated, including the nature of the violation; and  
		(3) state that the permittee may request an immediate hearing before the commissioner or the commissioner's designee, if the request is submitted to the commissioner within 10 days after receipt of the notice; a request for hearing must include a written statement of reasons why the permittee believes the department's decision to be in error; failure to file a timely request for hearing constitutes a waiver of the permittee's right to a hearing.  
	(c)  A hearing under this section will be held no later than 10 days after a request for hearing is received under (b) of this section, and the commissioner or the commissioner's designee will issue a written decision no later than 10 days after the hearing.  A decision under this subsection is a final agency decision subject to judicial review.  A hearing under this section will be recorded and will adhere to the evidence rules described in AS 44.62.460.  
	(d)  If the permittee and the department agree to delay the hearing for more than 30 days after the notice is issued under (b) of this section, the department's decision remains in effect unless the permittee requests and is granted a stay by the commissioner or commissioner's designee.  A request for a stay must meet the requirements of 18 AAC 15.210.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.100;46.03.120;46.03.820;46.03.850

Notes

Reference

18 AAC 60.510

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.03.100 AS 46.03.120 AS 46.03.820 AS 46.03.850

History

Eff. 1/28/96, Register 137; am 9/5/2010, Register 195