Section 18 AAC 31.940 - Right to appeal noncompliance decision(a) Except for a fee dispute subject to (b) of this section, the operator of a food establishment subject to this chapter may request an informal review under 18 AAC 15.185 of a department decision regarding that operator's noncompliance with this chapter. This subsection does not affect a person's right to a hearing under AS 44.62 (Administrative Procedure Act).(b) An operator of a food establishment subject to this chapter who disputes an invoice issued under 18 AAC 31.050 may request a fee review under 18 AAC 15.190.(c) If the department orders the embargo or destruction of food under 18 AAC 31.910 without prior opportunity for a hearing under AS 44.62.330-44.62.640, the permittee may request an expedited hearing by notifying the commissioner and the office of administrative hearings (AS 44.64.010) not later than 15 days after the permittee receives the order. The office of administrative hearings will schedule an expedited hearing at the earliest possible time and make a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the order. The hearing will be held not later than five days after the office of administrative hearings receives the expedited hearing request. The submission of a request or the scheduling of a hearing does not stay the operation of the department's order. Within the shortest feasible time the office of administrative hearings will issue a recommended decision to the commissioner or the commissioner's designee. The commissioner or the commissioner's designee will issue a final department decision within the shortest feasible time.Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 7/11/2002, Register 163; am 11/5/2017,Register 224, January 2018Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.940, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.
Authority:AS 17.20.005
AS 17.20.180
AS 17.20.190
AS 44.46.020