(a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made before the time allowed for protest under Alaska Stat. § 04.11.480 has elapsed, unless waived by the municipality.
Terms Used In Alaska Statutes 04.11.510 v2
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(b) The board may review an application for the issuance, renewal, transfer of location, or transfer to another person of a license without affording the applicant notice or hearing, except
(1) if an application is denied, written notice of denial shall be furnished immediately to the applicant stating the reason for the denial in clear and concise language; the notice of denial must inform the applicant that the applicant is entitled to submit a request to the director, within 15 days after receiving the notice of denial, for an informal conference with either the director or the board, and that, if not satisfied by the informal conference, the applicant is then entitled to a formal hearing conducted by the office of administrative hearings (Alaska Stat. § 44.64.010); the director shall respond to a request for an informal conference or a formal hearing in a timely manner and shall hold an informal conference within 15 days after receiving a request for an informal conference unless the applicant and the director agree in writing to waive or extend the time limit; if the applicant requests an informal conference, the running of the period for requesting a formal hearing is tolled from the date the director receives the request for the conference until the day after the date of the conference; if the applicant requests a formal hearing, the office of administrative hearings shall adhere to Alaska Stat. § 44.62.330 – 44.62.630″ class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”AK”>Alaska Stat. § 44.62.330 – 44.62.630 (Administrative Procedure Act); all interested persons may be heard at the hearing;(2) the board may, on its own initiative or in response to an objection or protest, hold a hearing to ascertain the reaction of the public or a local governing body to an application if a hearing is not required under this subsection; the board shall send notice of a hearing conducted under this paragraph 20 days in advance of the hearing to the person who filed the objection or protest, to a community council, if the licensed premises or proposed licensed premises described in the application is located within the boundaries of the community council, and to each nonprofit community organization entitled to notification under Alaska Stat. § 04.11.310 (b);(3) if a petition containing the signatures of 35 percent of the adult residents having a permanent place of abode outside of but within two miles of an incorporated city or an established village is filed with the board, the board shall hold a public hearing on the question of whether the issuance, renewal, or transfer of the license in the city or village would be in the public interest;(4) if a protest to the issuance, renewal, transfer of location or transfer to another person of a license made by a local governing body is based on a question of law, the board shall hold a public hearing.(c) Unless the grounds for the suspension or revocation are under Alaska Stat. § 04.11.370 (a)(4), board proceedings to suspend or revoke a license shall be conducted in accordance with Alaska Stat. § 44.62.360 – 44.62.630 (Administrative Procedure Act), except that the licensee may submit a request to the director within 15 days after the accusation is served on the licensee for an opportunity to informally confer with the director or the board. Notice of the opportunity for an informal conference shall be served on the licensee along with the accusation. The director shall respond to a request for an informal conference or a formal hearing in a timely manner. The director shall hold an informal conference within 15 days after receiving a request for an informal conference unless the applicant and the director agree in writing to waive or extend the time limit. After the informal conference, the board shall hold a formal hearing on the accusation at the next regularly scheduled board meeting that occurs 20 days or more after service of the accusation. If the grounds for suspension or revocation are under Alaska Stat. § 04.11.370 (a)(4), the licensee is not entitled to notice and hearing under Alaska Stat. § 44.62.360 – 44.62.630 on the merits of the suspension or revocation. However, the board shall afford the licensee notice and hearing on the issue of what administrative sanction to impose under Alaska Stat. § 04.16.180.(d)[Repealed, Sec. 69 ch 101 SLA 1995].
