3 AAC 305.095 - Procedure on objection or protest; appeals
(a) If the board
receives an objection described in
AS
04.11.470, a protest described in
AS
04.11.480(a) and
3
AAC 305.085, or a protest described in
AS
04.11.480(b), the board will
follow the following procedures:
(1) in the
case of an objection described in
AS
04.11.470, the board will consider the
objection at its first regular meeting at which it considers the application
after the objection is received and determine whether it is appropriate to hold
a public hearing under
AS
04.11.510(b)(2) to ascertain
the reaction of the public or a local governing body to the application; if the
board determines that it is appropriate to hold a public hearing, the board
will follow the procedures in (b) of this section;
(2) if the board receives a protest of an
application from a local governing body described in
AS
04.11.480(a), the board will
review the protest at its first regular meeting at which it considers the
application after the protest is received and, if the board has any indication
that the protest might be arbitrary, capricious, or unreasonable, the board
will first determine whether the protest is based on a question of law; if the
protest is found to be based in whole or in part on a question of law, the
board will schedule the matter for a public hearing under (b) of this section
and AS
04.11.510(b)(4); unless a
hearing is required by another provision of law, if the protest is found not to
be based on a question of law the board may conduct a public hearing under (b)
of this section to ascertain the reaction of the public or a local governing
body to the application in question; if the board has no indication that the
protest is arbitrary, capricious, or unreasonable, it may vote to uphold the
protest, and the applicant and the board will follow the procedure set in
AS
04.11.510(b)(1); if the
board decides to overrule the protest, the local governing body may appeal the
board's decision under AS 44.62.
(3) if the board receives a protest described
in AS
04.11.480(b), the board will
conduct a public hearing as required by
AS
04.11.510(b)(3).
(b) A public hearing under this
section will, be conducted after proper notice to interested parties and
members of the public. The board shall exercise all other powers relating to
the conduct of the hearing.
(c) A
public hearing conducted under this section will be recorded by a qualified
court reporter or the board's staff.
(d) A hearing required to be held under AS
44.62 is delegated to a hearing officer alone, unless the board decides to sit
along with a hearing officer for a specific matter.
Notes
Authority:AS 04.06.005
AS 04.06.090
AS 04.06.100
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