Section 2.50.826. Commission decision on staff recommendation.

	(a)  The procedure in this section applies when AS 15.13.374 or any provision of this chapter authorizes the staff to prepare a draft advisory opinion or other recommended decision for the commission's review. A staff recommendation must be in writing, set out applicable facts and law, and explain the reasons for the recommendation.  
	(b)  After preparing a recommendation, the staff shall  
		(1) submit the recommendation to the commission for decision; and  
		(2) send a copy of the recommendation to the person that requested the opinion or exemption, or that is the subject of the matter at issue, along with notice that the recommendation has been submitted to the commission for review as provided in (c) of this section.  
	(c)  When the commission receives a staff recommendation prepared in compliance with this section, the commission will  
		(1) review the recommendation at the next regularly scheduled meeting of the commission unless, in its discretion, the commission schedules the matter at a different meeting; the commission will give the affected person notice of the date, time, and place the commission will consider the matter, and of the right to present an argument;  
		(2) accept, reject, or modify the staff recommendation; and  
		(3) send written notice of the commission's final decision and an order describing specifically any required action to the person that requested the opinion or exemption or is the subject of the matter at issue, at the person's address on file with the commission; in the notice the commission will state that the decision is a final commission decision and may be appealed to the superior court under AS 44.62.560.  

Authorities

15.13.030;24.45.021;24.60.220;39.50.050

Notes

Reference

2 AAC 50.292
2 AAC 50.821
2 AAC 50.840

Authority

AS 15.13.030 AS 24.45.021 AS 24.60.220 AS 39.50.050

History

Eff. 12/22/2011, Register 200