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(a) A notice issued under AS 18.60.630 for a violation of AS 18.60.580 - AS 18.60.695 or this chapter, based upon a department inspection under AS 18.60.600 (a)(2), is final unless a person affected, or the owner or contractor of the premises inspected, files an appeal with the commissioner within 30 days after receipt of the notice. The appeal must be in writing and must include
(1) a specification of objections to the department's findings, and a concise summary of facts in support of each objection; and
(2) a description of the relief sought.
(b) The commissioner's decision will be based upon the department's record, including the written appeal, and will state the facts relied upon by the commissioner in making the decision.
(c) The commissioner will, in his or her discretion, hold a hearing on the appeal to supplement the record where clarification or additional facts may be necessary for a proper resolution of the appeal.
(d) A hearing held under this section will be conducted in accordance with AS 44.62.330 - 44.62.630, except that the director of the labor standards and safety division of the Department of Labor and Workforce Development, or his or her designee, shall act as hearing officer.
(e) Within 30 days after the hearing, a copy of the decision will be sent to the appellant. Within 30 days after the decision is issued, the appellant may appeal to the superior court.
History: Eff. 5/19/84, Register 90
Authority: AS 18.60.600
Editor's note: As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
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Last modified 7/05/2006