Section 8.61.090. Special inspection, review.

	(a)  If after conducting a special inspection the department does not issue a citation, and within 30 days after the special inspection, the department will inform in writing the person giving notice under 8 AAC 61.080(a) of the reason that a citation was not issued. The notifying party may obtain a review of the department's declining to issue a citation by submitting a written statement of position to the director within 30 days after receiving notification that a citation was not issued. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.  
	(b)  If the department determines, based on the notice given under 8 AAC 61.080(a) that there are no reasonable grounds to believe that a violation of a safety or health regulation exists, and does not conduct a special inspection, the notifying party will be informed in writing of the reason a special inspection was not conducted within 30 days. Review of the department's declining to conduct a special inspection may be obtained by the notifying party by submitting a written statement of position to the director within 30 days after receiving notification that a special inspection was not conducted. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.  
	(c)  If the director upholds the department's declining to issue a citation or declining to conduct a special inspection, the notifying party may obtain a review of the director's determination by submitting a written statement of position to the commissioner within 10 days after receipt of the director's determination. The commissioner may affirm, modify, or reverse the director's determination. The commissioner will provide a final disposition to the notifying party within 15 days after receipt of the request for review of the director's determination.  

Authorities

18.60.020;18.60.088;18.60.030;18.60.075

Notes

Authority

AS 18.60.020 AS 18.60.088

Authority

AS 18.60.020 AS 18.60.030 AS 18.60.075

History

Eff. 1/10/75, Register 53; am 11/22/75, Register 56; am 7/28/2013, Register 207

History

Eff. 12/6/95, Register 136