Section 11 AAC 02.060 - Stays; exceptions(a) Except as provided in (c) and (d) of this section, timely appealing or requesting reconsideration of a decision in accordance with this chapter stays the decision during the commissioner's consideration of the appeal or request for reconsideration. If the commissioner determines that the public interest requires removal of the stay, the commissioner will remove the stay and allow all or part of the decision to take effect on the date set in the decision or a date set by the commissioner.(c) Unless otherwise provided in a statute or a provision of this title, a decision takes effect immediately if it is a decision to(1) issue a permit that is revocable at will;(2) approve surface operations for a disposal that has already occurred or a property right that has already vested; or(3) administer an issued oil and gas lease or license, or an oil and gas unit agreement.(d) Timely appealing or requesting reconsideration of a decision described in (c) of this section does not automatically stay the decision. However, the commissioner will impose a stay, on the commissioner's own motion or at the request of an appellant, if the commissioner determines that the public interest requires it.(e) A decision takes effect immediately if no party is eligible to appeal or request reconsideration and the commissioner waives the commissioner's right to review or reconsider the decision.Eff. 11/7/90, Register 116; am 9/19/2001, Register 159Authority:AS 03.05.010
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