Section 3.304.150. Procedure on objection or protest; appeals.

	(a)  If the board receives an objection described in AS 04.11.470, a protest described in AS 04.11.480(a) and 3 AAC 304.145, or a protest described in AS 04.11.480(b), the board will follow the following procedures:  
		(1) In the case of an objection described in AS 04.11.470, the board will, at the first meeting at which it considers the application after the objection is received, determine whether it is appropriate to hold a public hearing under AS 04.11.510(b)(2) to ascertain the reaction of the public or a local governing body to the application. If the board determines that it is appropriate to hold a public hearing, the board will follow the procedures in (b) of this section.  
		(2) If the board receives a protest of an application from a local governing body described in AS 04.11.480(a), the board will review the protest at its first regular meeting at which it considers the application after the protest is received. If the board has any indication that the protest might be arbitrary, capricious, or unreasonable, the board will first determine whether the protest is based on a question of law. If the protest is found to be based in whole or in part on a question of law, the board will schedule the matter for a public hearing under (b) of this section and AS 04.11.510(b)(4). Unless a hearing is required by another provision of law, if the protest is found not to be based on a question of law the board will, in its discretion, and if appropriate, conduct a public hearing under (b) of this section to ascertain the reaction of the public or a local governing body to the application in question. If the board has no indication that the protest is arbitrary, capricious, or unreasonable, it will, in its discretion, vote to uphold the protest, and the applicant and the board will follow the procedure set in AS 04.11.510(b)(1). If the board decides to overrule the protest, the local governing body may appeal the board's decision under AS 44.62.  
		(3) If a protest is received as described in AS 04.11.480(b), the board will, under (b) of this section, conduct a public hearing as required by AS 04.11.510(b)(3).  
	(b)  A public hearing under this subsection will, in the board's discretion, be conducted, after proper notice to interested parties and members of the public, by the board's staff or the board sitting alone. The board shall exercise all other powers relating to the conduct of the hearing. If the hearing is conducted by the board's staff, the director or the director's designee shall prepare a written report to the board.  
	(c)  A hearing conducted under this section will, in the discretion of the director, be recorded by a qualified court reporter or the board's staff.  
	(d)  A hearing required to be held under AS 44.62  is delegated to a hearing officer alone, unless the board decides to sit along with a hearing officer for a specific matter.  

Authorities

04.06.090;04.06.100;44.62.125

Notes

Authority

AS 04.06.090 AS 04.06.100 Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.150 to former 13 AAC 104.150, and made a conforming technical change to former 13 AAC 104.150(a), to reflect Executive Order 110 (2003). Executive Order 110 relocated the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety. The history note for former 13 AAC 104.150 carries forward the history from former 15 AAC 104.150. As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.150, and made conforming technical changes to 3 AAC 304.150 to reflect ch. 55, SLA 2012. Chapter 55, SLA 2012 relocated the Alcoholic Beverage Control Board from the Department of Public Safety to the Department of Commerce, Community, and Economic Development. The history note for 3 AAC 304.150 carries forward the history from former 13 AAC 104.150.

History

Eff. 7/30/89, Register 111

References

15.104.150;13.104.150;3.304.150