Section 41.17.136. Directives.

   (a) Upon a determination that a planned or ongoing activity violates or would violate this chapter or a regulation adopted under it, the state forester shall notify the respondent in writing and direct the respondent to halt or avoid the violation or to repair or correct any damage resulting from the violation.  The written notification must include a summary of the basis for the directive.
   (b) The respondent may either comply with the directive or request a hearing under AS 41.17.139 within 15 days of receipt of the notification.  If a hearing is requested, the respondent may continue with the activity unless the state forester issues a stop work order under AS 41.17.138.  If the directive is affirmed by the hearing officer, the respondent shall cease the activity unless a stay is issued under AS 41.17.143(c) or by the superior court.

Authorities

41.17.131;41.17.139;41.17.143

Notes

Implemented As

11 AAC 95.195

References

11 AAC 95.255
AS 41.17.131 Penalties for violations.
AS 41.17.139 Hearing procedures.
AS 41.17.143 Appeals and judicial review.

History

(Sec. 17 ch 34 SLA 1990)