Section 18 AAC 50.745 - Resolving conflicts(a) If during the interagency consultation process under 18 AAC 50.700 - 18 AAC 50.750 a conflict arises between state agencies or between state and local agencies, and the conflict cannot be resolved by the heads of the involved agencies, the department will refer the conflict to the governor for resolution. A conformity determination that is the subject of conflict resolution under this section must have the governor's concurrence to be final. (b) The department will make the referral to the governor not later than 14 calendar days after notification or a determination that the conflict cannot be resolved. The 14-day period starts when the metropolitan planning organization or the Department of Transportation and Public Facilities confirms receipt of the comments of the department. The department will provide the participating agencies under 18 AAC 50.715(a)(2) with a copy of its referral to the governor. (c) If the department does not make a referral to the governor during the 14-day period described in (b) of this section, the sponsoring agency described in 18 AAC 50.705(b), metropolitan planning organization, or Department of Transportation and Public Facilities may proceed with the final conformity determination.(d) Not later than 14 days after the metropolitan planning organization notifies the department of the resolution of all comments on a proposed conformity determination or other policy decision during the interagency consultation process under 18 AAC 50.700 - 18 AAC 50.750, and if the Department of Transportation and Public Facilities disputes those comments, the Department of Transportation and Public Facilities shall refer the proposed conformity determination or other policy decision to the governor for resolution. The 14-day period starts when the metropolitan planning organization has confirmed receipt by the department of the resolution of the comments of the Department of Transportation and Public Facilities. (e) If the Department of Transportation and Public Facilities makes a referral to the governor, the final conformity determination or other final policy decision must have the concurrence of the governor. (f) The Department of Transportation and Public Facilities shall provide the metropolitan planning organization and the department with a copy of the referral to the governor under (d) of this section. If the Department of Transportation and Public Facilities does not make a referral to the governor during the 14-day period described in (d) of this section, the metropolitan planning organization may proceed with the final conformity determination or other final pol icy decision. (g) The governor may delegate the role of resolving a conflict under this section and deciding whether to concur in the conformity determination to a state official or agency other than (2) the Department of Transportation and Public Facilities; or (3) a state transportation board or commission.Eff. 4/17/2015, Register 214, July 2015Authority:AS 46.03.020
AS 46.14.030