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

Universal Citation: 18 AK Admin Code 18 AAC 15.340

Current through December 14, 2023

(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.

Eff. 7/11/2002, Register 163; am 11/5/2017,Register 224, January 2018

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

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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