Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 15 - Administrative Procedures › Article 6 - Administrative Appeal Procedures › 18 AAC 15.340 - Service under 18 AAC 15.185 -18 AAC 15.220.

Current through May 31, 2024
(a) As
				provided in 18 AAC 15.185, 18 AAC 15.200, and 18 AAC 15.900, the deadline for
				service of a request for informal review under 18 AAC 15.185 or an adjudicatory
				hearing under 18 AAC 15.200 commences from issuance of the department's
				decision on which informal review or an adjudicatory hearing is sought. The
				deadline for service is computed as provided in 18 AAC 15.900. Issuance of the
				decision is the date indicated by the postmark if the decision was mailed or
				the date when the department sent the facsimile or electronic mail if facsimile
				transmission or electronic mail was used. If the requester uses mail to serve
				the request for informal review or request for an adjudicatory hearing, service
				occurs, for the purpose of the requester's service obligation, on the date of
				mailing as indicated by the postmark or on the date when the requester sent the
				request by facsimile transmission or electronic mail if facsimile transmission
				or electronic mail was used. Service of a request for informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.200 shall be made to the
				persons set out in 18 AAC 15.185 and 18 AAC 15.200, respectively, and must
				include an affidavit of service stating the persons who have been served and
				the day and manner of service.
(b)
				After the request for informal review or request for an adjudicatory hearing is
				filed, any matter required to be served under 18 AAC 15.185 - 18 AAC 15.220
				shall be submitted by personal delivery or by first-class, priority, or express
				United States mail to each party and the commissioner along with proof of
				service. Upon motion of a party, the director in an informal review under 18 AAC 15.185 or the commissioner in a proceeding under 18 AAC 15.200 may waive
				the requirement for submission by personal delivery or mail as described in
				this subsection, to allow service by facsimile transmission or electronic mail.
				Proof of service shall be made by an affidavit of service stating the persons
				who have been served and the day and manner of service.
(c) If a pleading or paper filed discloses
				that a requester or respondent is represented by counsel, service upon the
				requester or respondent must be made upon the requester's or respondent's
				attorney.
(d) If mail is used for
				service, service occurs upon mailing for the purpose of the serving person's
				obligation. Except as provided in (a) of this section with respect to the time
				to file a request for informal review or a request for an adjudicatory hearing,
				if a party has the right or is required to do some act or take some proceedings
				within a period prescribed in 18 AAC 15.185 - 18 AAC 15.220 after the service
				of a notice or other paper upon the party, and if the party is served by mail,
				three days are added to the prescribed period.
(e) After referral of a hearing request to
				the office of administrative hearings, service is governed by 2 AAC 64.920.
As of register 197 (April 2011), the regulations attorney
					 made a technical revision under AS 44.62.125(b)(6), to the authority citation
					 that follows 18 AAC 15.340, to correct manifest errors in two of the
					 citations.
As of Register 204 (January 2013), and under AS
					 44.62.125(b)(6), the regulations attorney made technical corrections to 18 AAC 15.340.
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 46.03.890
AS 46.14.120
AS 46.14.150