Section 46.14.170. Administrative actions regarding permits.

   (a) Except as provided in AS 46.14.220 or in regulations adopted under AS 46.14.140(a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny
        (1) a construction permit within 30 days after the close of the public comment period;
        (2) an operating permit, other than a general operating permit or temporary operating permit, within 12 months after receipt of the complete application by the department.
   (b)  [Repealed, Sec. 82 ch 41 SLA 2009].  
   (c) Failure by the department to act within the time limits established in or under (a) or (d) of this section is considered to be a final agency action, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.
   (d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 days after the close of the public comment period or within 30 days after receipt of the complete application by the department if a public comment period is not required under this chapter.

Authorities

46.14.215;46.14.240

Notes

Implemented As

18 AAC 50.230
18 AAC 50.306
18 AAC 50.311
18 AAC 50.316
18 AAC 50.326
18 AAC 50.502
18 AAC 50.508
18 AAC 50.510
18 AAC 50.540
18 AAC 50.542
18 AAC 50.544
18 AAC 50.546
18 AAC 50.560
18 AAC 50.990

References

18 AAC 50.316
18 AAC 50.326
AS 46.14.215 Temporary operations.
AS 46.14.240 Permit administration fees.

History

(Sec. 2 ch 74 SLA 1993; am Sec. 18 - 20 ch 46 SLA 2003; am Sec. 30 ch 99 SLA 2004; am Sec. 65, 82 ch 41 SLA 2009)