18 AAC 15.200 - Request for an adjudicatory hearing

(a) Not later than 30 days after the department issues a decision reviewable under 18 AAC 15.195 - 18 AAC 15.340 or not later than 30 days after the director issues a final decision under 18 AAC 15 .185, whichever is later, a person authorized to request an adjudicatory hearing under this chapter may serve a request upon the commissioner. A copy of the request for adjudicatory hearing must be served on the director, and on the permit applicant or permittee. Except as provided in AS 46.14.200 for certain persons requesting an air emissions permit hearing, a person who requests an adjudicatory hearing, a person designated to act on the person's behalf, or an intervenor must have actively raised the issue to the department through participation in the public review process on the draft decision, if the department offered one, either by submitting written comments or by testifying at a public hearing on the draft decision, unless the challenge is to a provision of a final permit that was not in the draft permit that was the subject of the public notice or comment process.

(b) Unless a permit is being renewed, if the application was made solely for a permit amendment, a request for an adjudicatory hearing may not raise issues relating to

(1) the validity of the permit for which an amendment is sought; or

(2) unrelated permit conditions for which an amendment was not sought.

(c) The requester must show in the hearing request that the requirements of (a) - (d) of this section have been met. An adjudicatory hearing request must be in writing on a form provided by the commissioner and must contain

(1) a description of the decision to be reviewed;

(2) the requester's name, mailing address, electronic mail address, and telephone number;

(3) the name and address of each person that is adversely affected by the decision and that the requester represents; and

(4) the information that supports the request, including

(A) a detailed factual statement of the nature and scope of the interests of the requester, or if the requester is an organization, the interests of the representative members of the organization;

(B) an explanation of how and to what extent those interests would be directly and adversely affected by the contested issues in the decision, including a discussion of the factors in (d) of this section;

(C) a clear and concise statement of the contested issues proposed for hearing, identifying for each contested issue

(i) the disputed issues of material fact and law proposed for review;

(ii) the relevance to the decision of those disputed issues of material fact and law identified under (i) of this subparagraph;

(iii) a detailed explanation of how the decision was in error with respect to the contested issue; and

(iv) the hearing time estimated to be necessary for the adjudication;

(D) a discussion of why the request for hearing should be granted; and

(E) if applicable, specific reference to the contested terms or conditions of the department's decision, as well as suggested alternative terms and conditions that in the requester's judgment are required to implement applicable requirements of law.

(d) The requester must show in the hearing request

(1) that the requester or, if the requester is an organization, the representative members of the organization, are directly and adversely affected by the contested issues in the department's decision so as to justify relief;

(2) the nature of the interest asserted by the requester;

(3) whether that interest is one that the applicable statutes and regulations were intended to protect; and

(4) the extent to which the contested issues in the department's decision directly and substantively impairs that interest.

(e) A request under 18 AAC 15.185 for informal agency review suspends the deadlines set out in 18 AAC 15.200 - 18 AAC 15.340 while the request is pending and during any informal review.

(f) In this section, "contested issues" means the specific disputed issues of material fact and law proposed for review under this section.

Notes

18 AAC 15.200

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017,Register 224, January 2018

As of Register 204 (January 2013), and under AS 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 15.200.

Authority: AS 46.03.020

AS 46.03.100

AS 46.03.110

AS 46.03.320

AS 46.03.330

AS 46.03.720

AS 46.03.730

AS 46.03.880

AS 46.04.030

AS 46.04.890

AS 46.14.120

AS 46.14.150

AS 46.14.200