Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.237 - Agency decision record

Current through May 31, 2024
(a) As provided in
				AS 44.64.060(b), if a hearing request is referred to the office of
				administrative hearings under 18 AAC 15.220(a), and not later than 15 days
				after receiving a hearing request, the division director shall provide to the
				office of administrative hearings a copy of the contested decision, including
				any findings document or response to public comments, and any underlying permit
				documents.
(b) If an adjudicatory
				hearing request is granted, or a hearing on the existing record and on written
				briefs is granted under 18 AAC 15.220(c), the division director shall
				supplement the record materials provided under (a) of this section with those
				portions of the supplemental documents described in this subsection that are
				relevant to the issues upon which the hearing is granted. The supplemental
				documents are the application and supporting documentation, written and
				electronic correspondence concerning the proposed decision, additional
				information submitted by the permit applicant or permittee to the department,
				public comments and information submitted to the department on the proposed
				decision, recordings or transcripts of any public hearing, prior department
				decisional documents referenced in the contested decision, and other materials
				that the department considered or relied upon in making the department's
				decision. The record materials under (a) of this section and the supplemental
				documents under this subsection constitute the agency decision record.
				Documents exempt from disclosure under AS 40.25.110 - 40.25.125 may not be
				included in the agency decision record. Documents or additional information
				received as part of the informal review process under 18 AAC 15.185 may not be
				included in the agency decision record, unless those documents or the
				additional information was previously and timely submitted to the division
				during its review before issuance of the contested decision. A requester may
				request to supplement the record under 2 AAC 64.310. The department staff shall
				number the pages of the agency decision record. The department staff is not
				required to prepare an index of the agency decision record.
(c) Not later than 20 days after the
				commissioner's decision granting an adjudicatory hearing or a hearing on the
				existing record and on written briefs under 18 AAC 15.220(c), the di vision
				director shall supplement the agency decision record as required under (b) of
				this section. The division director shall at the same time also serve notice on
				all parties that the agency decision record is complete. A person may inspect
				or obtain a copy of the agency decision record both before and after the agency
				notice is served. A person wishing to obtain a copy of the agency decision
				record may do so at the requesting person's expense. For good cause shown, the
				administrative law judge may extend the time for preparation of the agency
				decision record.
(d) The department
				will impose copying charges on a party requesting copies of a portion of or the
				entire agency decision record, unless the number of copies requested is de
				minimis.
As of Register 204 (January 2013), and under AS
					 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 15.237.
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