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Title 18 . Environmental Conservation
Chapter 15 . Administrative Enforcement
Section 70. Preissuance conference; ex parte communications

18 AAC 15.070. Preissuance conference; ex parte communications

(a) The provisions of this section apply solely to an application for a solid waste disposal permit, public pesticide program or project permit, permit for the water or aerial application of pesticides, short-term variance from water quality standards, or wastewater disposal permit.

(b) At any time before the department's decision under 18 AAC 15.080, the applicant may request a preissuance conference from the department. The request may be made orally.

(c) A preissuance conference is a discretionary, informal, and nonadjudicative procedure for the purpose of discussing the progress of the application and narrowing areas of disagreement between the parties. The conference may be tape recorded. The commissioner will appoint a designee to preside at the conference.

(d) The department office will establish a time and place for holding the conference.

(e) Upon the granting of a request for a preissuance conference, the time period for review of the application established in 18 AAC 15.020(b) will be held in abeyance until completion of the conference.

(f) If practicable, communications between the applicant and an employee of the department regarding the application, other than at the preissuance conference, should be in writing. If oral communications are made, the department employee will prepare a memorandum for the record specifying the person with whom he or she communicated, the date and time of the communication, and a brief summary of the substance of the communication.

History: Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 8/2/90, Register 115; am 7/11/2002, Register 163

Authority: AS 46.03.020

AS 46.03.090

AS 46.03.100

AS 46.03.110

AS 46.03.320

AS 46.03.330

AS 46.03.720

AS 46.03.730


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Last modified 7/05/2006