Section 11 AAC 90.119 - Transfer, sale, or assignment of permit rights(a) A person may not transfer, sell, or assign a permit right under this chapter without the written approval of the commissioner. The commissioner may authorize a proposed successor in interest to temporarily continue the permittee's operation if the successor meets the requirements of AS 27.21.190(d) and agrees, in writing, to comply with the approved permit in all respects. The proposed successor in interest shall obtain and provide proof to the commissioner of a reclamation bond by either transfer of the current permit holder's bond, written agreement with the permit holder, or providing other sufficient bond or equivalent guarantee as required by 11 AAC 90.201. This temporary authorization lasts until the commissioner either grants or denies the successor's application for a permit transfer or for a new or revised permit.(b) A person seeking to succeed by transfer, sale, or assignment to the rights granted by a permit must provide the commissioner with an application for approval of the proposed transfer, sale, or assignment. The application must include any revised information required by 11 AAC 90.023 - 11 AAC 90.031, including(1) the name and address of the existing permittee and permit number or other identifier;(2) a brief description of the proposed action requiring approval; and(3) the legal, financial, compliance, and related information required by 11 AAC 90.023 for the applicant for approval of the transfer, assignment, or sale of permit rights.(c) A proposed successor must apply for a new permit or a major revision to the existing permit in order to make a change to (1) the approved permittee's operation or reclamation plan;(2) the insurance, bond, or equivalent guarantee; or(3) the approved permit area.(d) The commissioner will provide notice of a complete application to transfer, sell, or assign permit rights under this chapter in accordance with 11 AAC 90.907. A person whose interests may be adversely affected by granting the approval, including an official of any federal, state, or local government agency, may submit written comments on the application to the commissioner not later than 30 days after the commissioner gives notice of the application.(e) The commissioner may approve the transfer, sale, or assignment of permit rights upon a written finding that the successor(1) is eligible to receive a permit in accordance with 11 AAC 90.104;(2) submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by 11 AAC 90.201; and(3) meets the requirements of 11 AAC 90.125 and any other requirements specified by the commissioner.(f) The commissioner will notify the permittee, the successor, each person who provided comment, and OSMRE of the commissioner's findings and any decision under this section.(g) The successor shall immediately notify the commissioner of the consummation of the transfer, sale, or assignment of permit rights.Eff. 5/2/83, Register 84; am 11/18/94, Register 132; am 7/7/2022, Register 243, October 2022As of Register 243 (October, 2022), this section is transferred from material adopted by reference in 11 AAC 90.001(a) to the Alaska Administrative Code (AAC) by repeal and readoption.
Authority:AS 27.21.030
AS 27.21.190