Alaska Administrative Code
Title 8 - Labor and Workforce Development
Part 4 - Occupational Safety and Health Division
Chapter 61 - Occupational Safety and Health
Article 2 - Inspections, Citations, and Proposed Penalties
8 AAC 61.090 - Special inspection, review

(a) If after conducting a special inspection the department does not issue a citation, and within 30 days after the special inspection, the department will inform in writing the person giving notice under 8 AAC 61.080(a) of the reason that a citation was not issued. The notifying party may obtain a review of the department's declining to issue a citation by submitting a written statement of position to the director within 30 days after receiving notification that a citation was not issued. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.

(b) If the department determines, based on the notice given under 8 AAC 61.080(a) that there are no reasonable grounds to believe that a violation of a safety or health regulation exists, and does not conduct a special inspection, the notifying party will be informed in writing of the reason a special inspection was not conducted within 30 days. Review of the department's declining to conduct a special inspection may be obtained by the notifying party by submitting a written statement of position to the director within 30 days after receiving notification that a special inspection was not conducted. Within 15 days after receiving the statement of position, the director shall provide a determination to the person requesting the review.

(c) If the director upholds the department's declining to issue a citation or declining to conduct a special inspection , the notifying party may obtain a review of the director's determination by submitting a written statement of position to the commissioner within 10 days after receipt of the director's determination. The commissioner may affirm, modify, or reverse the director's determination. The commissioner will provide a final disposition to the notifying party within 15 days after receipt of the request for review of the director's determination.