11 Alaska Admin. Code § 90.135

Current through May 31, 2024

Section 11 AAC 90.135 - Notice and appeal requirements for the proposed suspension or rescission of an improvidently issued permit

(a) If the commissioner proposes to suspend or rescind an improvidently issued permit, the commissioner will provide written notice to the permittee with a statement detailing the basis for the proposed decision under AS 27.21.180 that

(1) after review of any evidence submitted under 11 AAC 90.134(c), finds that a permit was improvidently issued under the criteria in 11 AAC 90.134(a); or

(2) after review of a provisional permit issued under 11 AAC 90.109, finds that one or more of the conditions listed in 11 AAC 90.109(c)(1) - (4) exists.

(b) The commissioner will, in accordance with 11 AAC 90.619, provide the permittee notice of a proposed suspension or rescission that states that, under 11 AAC 90.134(c), in 60 days the permit will be suspended, or in 120 days the permit will be rescinded. A permittee may request that the commissioner reconsider the proposed suspension or rescission and submit supporting information with the request. The commissioner will consider the additional information and revoke the proposed suspension or rescission if the commissioner finds that

(1) the violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;

(2) the owner or the owner's operator no longer owns or controls the relevant operation;

(3) the commissioner's finding that formed the basis for the suspension or rescission was made in error;

(4) the violation is the subject of a good-faith administrative or judicial appeal, unless there is an initial judicial decision affirming the violation, and that decision remains in force;

(5) the violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or

(6) the permittee is pursuing a good-faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding, unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force.

(c) If a permittee does not request reconsideration under (b) of this section, the commissioner will suspend the permit after 60 days and rescind the permit after 120 days, in accordance with 11 AAC 90.134(c). If a permittee requests reconsideration and the commissioner does not revoke a proposed decision to suspend or rescind a permit under (b) of this section, the commissioner will affirm the proposed decision that the permit was improvidently issued before taking action to suspend or revoke the permit under 11 AAC 90.136. After the commissioner affirms a proposed decision under this section, it is a final decision.

(d) A person may appeal a final decision under (c) of this section if the person has an interest that may be adversely affected by the decision and the person exhausted the available administrative remedies. A hearing on an appeal under this subsection is conducted in accordance with 11 AAC 90.131 and AS 27.21.150. A suspension or rescission of the permit at issue will occur in accordance with 11 AAC 90.134(c) unless the person obtains a stay for temporary relief.

11 AAC 90.135

Eff. 7/7/2022, Register 243, October 2022

Authority:AS 27.21.030

AS 27.21.150

AS 27.21.180