2 AAC 50.821 - Request for exemption or waiver

(a) To request an exemption allowed under AS 15.13, AS 24.45, AS 24.60.200-24.60.260, or AS 39.50, or a waiver of any requirement of this chapter, a person shall file a written request for exemption or waiver. A written request for exemption or waiver must be submitted on or before the due date of any report or filing to which it relates, and must provide the following information:

(1) the name of the person requesting the exemption or waiver;

(2) the person's mailing address;

(3) the electronic mail address or telephone number at which the person may readily be contacted;

(4) the matter for which the person seeks an exemption or waiver;

(5) if the exemption or waiver request relates to information for which this chapter provides an exemption, the applicable provision of this chapter;

(6) a statement whether the requested exemption or waiver is for a single report or filing, or for additional future reports requiring similar information;

(7) the reasons for the exemption request;

(8) any other information essential to the particular exemption or waiver request; and

(9) a certification by the person requesting the exemption or waiver that all facts stated in the request are true.

(b) No later than 30 days after the commission receives a written exemption request that complies with (a) of this section, the staff shall send to the person requesting the exemption or waiver, at the address listed in the request, either a staff recommendation that the commission grant or deny the request, or a decision granting or denying the request. The staff shall issue a recommendation, and the matter will be presented to the commission for decision as provided in 2 AAC 50.826 if the staff determines

(1) that the exemption request presents a factual or legal issue on which the commission has not previously made a decision in a substantially similar request for an exemption or waiver;

(2) that the exemption request requires a policy decision by the commission; or

(3) for other good reason.

(c) If the staff issues a decision granting the request, the decision must specifically describe the scope and duration of the exemption or waiver. If the staff issues a decision denying the request, the decision must state the reasons and notify the person requesting the exemption or waiver of the right to appeal the staff decision to the commission as provided in 2 AAC 50.831. If the person that requested the exemption or waiver does not file an administrative appeal to the commission within 30 days after the date the staff decision is mailed or delivered to the person,

(1) the decision is final, and may not be appealed to the commission at a later date; and

(2) the person shall comply with any requirement of this chapter for which the exemption or waiver request was denied.

(d) A person that has requested an exemption under this section is not required to comply with the requirement from which the exemption request seeks relief if

(1) the staff issued a recommendation subject to commission review and the commission has not issued a final written order on that recommendation; or

(2) the commission has not issued a decision after a person appealed a staff decision in compliance with (c) of this section and 2 AAC 50.831.

Notes

2 AAC 50.821

Eff. 12/22/2011, Register 200; am 1/16/2015, Register 213, April 2015

A form and instructions for requesting an exemption or waiver can be obtained at each office of the commission, or found on the commission's website. The address and telephone numbers of the commission's offices, and the commission's Internet address are set out in the editor's note following 2 AAC 50.250.

Authority:AS 15.13.030

AS 24.45.021

AS 24.60.220

AS 39.50.035

AS 39.50.050