8 AAC 63.025 - Appeals

(a) A notice issued under AS 18.60.725 for a violation of AS 18.60.705 - 18.60.790 or of this chapter is final unless the person affected or the owner or contractor of a construction premise affected files an appeal with the commissioner within 30 days after receipt of the notice. The appeal must be in writing and must include

(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and

(2) a description of the relief sought.

(b) The commissioner's decision will be based upon the departmental record including the written appeal and will state the facts relied upon by the commissioner in deciding the appeal.

(c) The commissioner, in his discretion, will hold a hearing on the appeal to supplement the record where clarification or additional facts are necessary for a proper resolution of the appeal.

(d) A hearing held under this section will be conducted in accordance with the Administrative Procedure Act (AS 44.62) except that the director will act as hearing officer. In addition to other powers conferred, the hearing officer may

(1) issue a subpoena or subpoena duces tecum to compel production of testimony or other evidence at the hearing;

(2) permit the testimony of a material witness to be taken by deposition;

(3) order the continuance of a hearing; or

(4) act upon the evidence before the hearing officer without further notice if the appellant does not appear at the hearing.

(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.

Notes

8 AAC 63.025

Eff. 10/2/83, Register 87

Authority:AS 18.60.710

AS 18.60.725