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(a) If a filer disputes the amount of a civil penalty assessed under 2 AAC 50.110(b) or 2 AAC 50.135(e) , the filer may submit to the commission an affidavit stating facts in mitigation within 30 days of the date of the notice described in 2 AAC 50.115(e) , 2 AAC 50.120(e) , or 2 AAC 50.135(e) . At its next meeting after the filer submits the affidavit, the commission will consider the affidavit and other evidence relevant to the amount of the civil penalty, unless the commission, in its discretion, finds reason to consider the affidavit at a different meeting. The commission will permit the filer to speak at the meeting. After considering the affidavit and other evidence, the commission will
(1) affirm the civil penalty if the commission determines that the statement was late without good cause; or
(2) reduce or waive the civil penalty if the commission determines that the statement was late for good cause.
(b) No later than 60 days after a meeting described in (a) of this section, the staff of the commission shall send a written notice of the decision by the commission to the filer at the address on file with the commission.
(1) pay the penalty no later than 30 days after the date of the notice described in (b) of this section; or
History: Eff. 7/20/95, Register 135
Authority: AS 15.13.030
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Last modified 7/05/2006