Section 2.50.831. Administrative appeal of staff decision.

	(a)  A person that receives an adverse staff decision, including a penalty assessment under 2 AAC 50.855, may appeal the staff decision to the commission as provided in this section. Unless otherwise provided, a person must appeal from an adverse staff decision by filing a notice of appeal and a written statement explaining the reasons the appellant believes the staff decision should be rejected. The notice of appeal and statement of reasons must be mailed or delivered to the commission no later than 30 days after the date the staff decision was mailed or delivered to the person. The commission will not consider an appeal that is not timely filed.  
	(b)  The commission will consider a notice of appeal and statement of reasons at the next regularly scheduled commission meeting unless, in its discretion, the commission schedules the appeal for a special meeting. The commission will give the appellant advance notice of the date, time, and place the commission will consider the appeal. The appellant may appear in person or telephonically, and may be represented by an agent or an attorney licensed to practice in this state. The commission will determine the order of presentations on the appeal.  
	(c)  After considering the statement of reasons and other relevant evidence, the commission will affirm, reject, or modify the staff decision. No later than 10 days after the date the commission enters its order, the staff shall send written notice of the commission's decision to the appellant at the appellant's address on file with the commission. An adverse decision of the commission may be appealed to the superior court as provided in AS 44.62.560 and Rules 601 - 612 of the Alaska Rules of Appellate Procedure.  

Authorities

15.13.030;24.45.021;24.60.220;39.50.050

Notes

Reference

2 AAC 50.821
2 AAC 50.855
2 AAC 50.860

Authority

AS 15.13.030 AS 24.45.021 AS 24.60.220 AS 39.50.050

History

Eff. 12/22/2011, Register 200