Section 10.13.770. Hearings on orders; rescission and modification.

   (a) Within 30 days after an order is issued under AS 10.13.710, 10.13.740, 10.13.750(c), or 10.13.760, the licensee or subject person of a licensee to whom the order is directed may file with the department an application for a hearing on the order.
   (b) If the department fails to promptly notify the office of administrative hearings (AS 44.64.010) of the application and the office fails to begin a hearing within 15 business days after the application is filed or within a longer period to which the licensee or subject person consents, the order shall be considered rescinded.
   (c) After the hearing, the department shall affirm, modify, or rescind the order.
   (d) A person to whom an order is issued under this section may apply to the department to modify or rescind the order. The department may not modify or rescind the order unless the department determines that it is in the public interest to do so and that it is reasonable to believe that the person will comply with this chapter.
   (e) The right of a licensee or subject person to whom an order is issued under AS 10.13.710, 10.13.740, 10.13.750(c), or 10.13.760 to an interlocutory review of the order is not affected by the failure of the licensee or subject person to apply to the department for a hearing on the order issued under this section.

Notes

History

(Sec. 1 ch 133 SLA 1992; am Sec. 27 ch 163 SLA 2004)