Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 15 - Administrative Procedures
Article 6 - Administrative Appeal Procedures
Section 18 AAC 15.234 - Administrative law judge

Universal Citation: 18 AK Admin Code 18 AAC 15.234

Current through December 14, 2023

(a) Under AS 44.64.030, an administrative law judge will conduct

(1) an adjudicatory hearing granted by the commissioner under this chapter; or

(2) a hearing granted by the commissioner under this chapter on the existing record and on written briefs.

(b) The commissioner may designate

(1) the office of administrative hearings to make a recommended or final decision on whether to grant or deny a request for a stay of decision under 18 AAC 15.210;

(2) a department employee to make a final decision on a recommendation by the office of administrative hearings to grant or deny an adjudicatory hearing request under 18 AAC 15.200; or

(3) a department employee or the office of administrative hearings to make a final department decision after hearing by the office of administrative hearings as provided in AS 44.64.060(e).

(c) A department employee designated under (b) of this section

(1) may not have been substantively involved in the contested decision;

(2) shall be impartial with respect to the subject of the contested decision;

(3) if a public officer within the meaning of AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that chapter; and

(4) if an attorney, shall comply with applicable rules of professional conduct.

(d) If the commissioner designates another individual to act as a designee under (b) of this section, the commissioner will serve notice at the time of the designation to the parties.

Eff. 11/5/2017,Register 224, January 2018

Authority: AS 46.03.020

AS 46.03.100

AS 46.03.110

AS 46.03.330

AS 46.03.720

AS 46.03.880

AS 46.04.030

AS 46.04.120

AS 46.04.890

AS 46.14.150

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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