Section 18 AAC 83.125 - Permit preparation by third-party contractors or an applicant(a) The department may enter into an agreement with the permit applicant for the department to select and engage the services of a third-party contractor to prepare the draft permit, fact sheet, proposed final permit, or response to comments. In proceeding with a third-party contractor, the department will (1) in consultation with the permit applicant, select the contractor based on qualifications and experience and enter into a contract with the selected contractor to provide permit development services;(2) require the contractor to execute a disclosure statement certifying that the contractor has no financial or other conflicting interest in the outcome of the project;(3) eliminate a contractor from the selection process or terminate a contract if the department determines, after review, that the contractor may have a conflict of interest in preparing the permits and supporting documents;(4) in consultation with the permit applicant, develop an agreement that includes the contractor's scope of work, schedule, and costs; and(5) direct the contractor's performance of the contract.(b) If the permit applicant develops a preliminary draft, draft or proposed final permit, fact sheet, or draft permit provisions for approval by the department, the department shall independently evaluate the information submitted and verify its completeness and accuracy. The department is not bound to accept a preliminary draft or proposed permit or fact sheet submitted by the permit applicant. After initial review, the department may request additional information from the applicant to evaluate and verify the completeness and accuracy of the preliminary draft, draft or proposed final permit or fact sheet.(c) At the applicant's request, the department will attempt to reach a negotiated service agreement with the permit applicant to provide the department's regulatory services during the permit development process in accordance with 18 AAC 83.905(c). The terms of the negotiated services agreement may be included in the agreement between the department and the permit applicant described in (a) of this section.(d) The department has sole authority in verifying the completeness of a permit application and sole authority and responsibility to approve and modify the statements, analyses, and conclusions included in a draft or final permit presented to the department by the contractor or permit applicant, including the fact sheet and response to comments received during the public comment period for a draft permit.Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184Authority:AS 37.10.052
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