Section 41.17.138. Stop work orders.

   (a) Upon a determination that a violation of this chapter or a regulation adopted under it is occurring or is likely to occur and that significant harm to public resources is likely to occur if work is not halted before a hearing can be held, the state forester may issue a stop work order requiring the respondent to stop the violation or otherwise halt the threatened harm.  A stop work order must be in writing and must state the facts on which it is based.
   (b) The state forester shall immediately refer the matter to a hearing officer for determination of the validity of the stop work order under AS 41.17.139.  The hearing officer shall consider any arguments and evidence presented by the respondent within five workdays after receipt of the stop work order and shall then make an immediate decision sustaining or reversing the stop work order.  The stop work order is of no further effect if it is not sustained by the hearing officer within the five-workday period.  A stop work order may be sustained only upon the same grounds on which it was originally issued.

Authorities

41.17.090;41.17.131;41.17.136

Notes

References

AS 41.17.090 Notification of plans to harvest timber.
AS 41.17.131 Penalties for violations.
AS 41.17.136 Directives.

History

(Sec. 18 ch 34 SLA 1990)