Section 44.37.011. Additional procedures for administrative appeals and petitions for reconsideration to the commissioner of natural resources.

   (a) This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under AS 38.35 or AS 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
   (b) If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner's decision on the appeal. The commissioner's decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
   (c) If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner's decision. The commissioner's decision made upon reconsideration or the commissioner's failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
   (d) If a person has a right to petition for reconsideration under AS 44.62.540 or this section, the person has a total of 20 days, including the time available under AS 44.62.540, in which to file a petition for reconsideration with the commissioner.
   (e) The department may adopt regulations to implement and interpret this section.

Authorities

27.19.080;27.21.980;38.05.560

Notes

Implemented As

11 AAC 02.010
11 AAC 02.020
11 AAC 02.030
11 AAC 02.040
11 AAC 02.900
11 AAC 18.025
11 AAC 21.120
11 AAC 51.910
11 AAC 62.210
11 AAC 64.460
11 AAC 65.100
11 AAC 82.963
11 AAC 86.787
11 AAC 88.155
11 AAC 93.300
11 AAC 93.540
11 AAC 96.110

References

11 AAC 02.040
AS 27.19.080 Administrative Procedure Act; regulations.
AS 27.21.980 Administrative Procedure Act.
AS 38.05.560 Competitive sales of materials.

History

(Sec. 3 ch 118 SLA 2000)