Section 11 AAC 90.105 - Review of application information to determine eligibility(a) Based on an administratively complete application under 11 AAC 111, the commissioner will review the information submitted by the applicant under 11 AAC 90.023, information from the applicant violator system, and any other available information, to review the applicant's and the applicant's operators' organizational structure and ownership or control relationships, permit history, and compliance history to determine permit eligibility under 11 AAC 90.104.(b) After a review of information under (a) of this section, the commissioner will issue a determination as to whether the applicant or operator engaged by the applicant has previous mining experience. If the commissioner determines that neither the applicant nor any individual identified in the application has previous surface coal mining experience, the commissioner will conduct an investigation to determine if any other person with surface coal mining experience will own or control all or a portion of the operation.(c) If, after a review under (b) of this section, the commissioner identifies a person not otherwise listed in the application as a person with ownership or control over all or a portion of the operation, the commissioner will issue a written preliminary finding describing the nature and extent of ownership or control. The commissioner will base written preliminary finding under this subsection on evidence sufficient to establish a prima facie case of ownership or control. The commissioner will issue the finding to the applicant or permittee and to a person identified as an owner or controller. Not later than 30 days after the commissioner issues the finding, a person identified as an owner or controller under this subsection may submit information demonstrating the person's lack of ownership or control. After the 30-day period ends, the commissioner will (1) review the information submitted under this subsection and(A) if the commissioner determines that the person is not an owner or controller, serve written notice of this determination to the person and applicant;(B) if the commissioner determines that the person is an owner or controller, issue a final written finding to the person and applicant and enter the finding and information into the applicant violator system; or(2) if there is no new information submitted, issue a final written finding to the person and applicant and enter the finding and information into the applicant violator system.(d) A person identified as an owner or controller in a final written finding under (c) of this section may challenge the finding under 11 AAC 90.137.Eff. 7/7/2022, Register 243, October 2022Authority:AS 27.21.030
AS 27.21.140
AS 27.21.180
AS 27.21.190