Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 27. Mining
- Chapter 21. Alaska Surface Coal Mining Control and Reclamation Act
- Section 150. Hearings.
previous: Section 140
. Objection to Application; Informal Conference.
next: Section 160
. Performance Bond; Exceptions.
AS 27.21.150. Hearings.
- (a) Within 30 days after an applicant is notified under AS 27.21.140(c) of the commissioner's decision concerning
the application, the applicant or a person who is or may be adversely affected by the decision may request a hearing to
review the reasons for the decision. The commissioner shall hold the hearing within 30 days after the request and shall
notify the interested parties of the hearing at the time the applicant is notified. AS 44.62 (Administrative Procedure Act) applies to a hearing under
this section except as provided by regulations adopted under this chapter.
- (b) If a hearing is requested under (a) of this section, the commissioner may, under conditions the commissioner
prescribes, grant appropriate temporary relief pending the commissioner's final decision if
- (1) the parties to the hearing have been notified and given an opportunity to be heard on a request for temporary relief;
- (2) the party requesting the temporary relief shows that there is a substantial likelihood that the party will prevail in
the final decision of the hearing; and
- (3) the temporary relief will not adversely affect the public health or safety or cause significant imminent harm to land,
air, or water resources.
- (c) The person presiding at the hearing may administer oaths, subpoena witnesses, subpoena written or printed materials,
compel the attendance of witnesses or the production of materials, and take evidence including but not limited to
evidence derived from site inspections of the land that will be affected by the permit or revision and other surface
coal mining operations conducted by the applicant in the general vicinity of the operation proposed in the application.
On the motion of a party or by order of the commissioner, a verbatim record of a hearing required by this chapter
shall be made and a transcript made available.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.