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(a) Except for a fee dispute subject to (b) of this section, the operator of a food establishment subject to this chapter may request an informal review under 18 AAC 15.185 of a department decision regarding that operator's noncompliance with this chapter. This subsection does not affect a person's right to a hearing under AS 44.62 (Administrative Procedure Act).
(b) An operator of a food establishment subject to this chapter who disputes an invoice issued under 18 AAC 31.050 may request a fee review under 18 AAC 15.190.
(c) If the department orders the embargo or destruction of food under 18 AAC 31.910 without prior opportunity for a hearing under AS 44.62.330 - 44.62.640, the department may, or upon request of the permittee made within 15 days after the permittee receives the order, schedule a hearing at the earliest possible time. The hearing will be held within five days after the department receives the request. The submission of a request or the scheduling of a hearing does not stay the operation of the department's order. The department will issue a decision within the shortest feasible time.
History: Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 7/11/2002, Register 163
Authority: AS 17.20.005
Editor's note: Effective 12/19/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 31.940, without change, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 31 from AS 03.05 to AS 17.20.
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Last modified 7/05/2006