Alaska Administrative Code
Title 18 - Environmental Conservation
Chapter 15 - Administrative Procedures
Article 6 - Administrative Appeal Procedures
Section 18 AAC 15.237 - Agency decision record
Current through December 14, 2023
(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.
Eff. 7/11/2002, Register 163; am 8/15/2010, Register 195; am 11/5/2017,Register 224, January 2018
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