Section 38.35.080. Analysis and public hearing.

   (a) The commissioner shall, within a reasonable time after receiving the application, prepare an analysis of the application or of the matter of which the commissioner was notified, including a proposal for action if feasible; a proposed lease and a general statement of the basis and purpose of the commissioner, if favorable action is proposed; or, when a proposal for action is not feasible before a hearing, a description of the subjects and issues involved.
   (b) Upon completion of the analysis but not less than 30 days before the date set for hearing an application or an amendment to an application that, under AS 38.35.050(c), constitutes a substantial change in the application, the commissioner shall publish notice, and make copies available as provided in AS 38.35.070.
   (c) The commissioner shall set all applications for public hearing as soon as practicable, if a public hearing on an application is requested by any person within 30 days of publication of notice under AS 38.35.070(1) or if the proposed action being considered involves a substantial public interest. The commissioner shall set the application for public hearing and publish notice of the time and place of the public hearing at least 30 days before the hearing.
   (d) The provisions of the Administrative Procedure Act (AS 44.62) do not apply to hearings held under this section.

Authorities

38.35.050

Notes

References

AS 38.35.050 Applications for right-of-way leases.

History

(Sec. 1 ch 72 SLA 1972; am Sec. 8 ch 3 FSSLA 1973; am Sec. 2 ch 26 SLA 2001)