(a) Within 30 days after an applicant is notified under Alaska Stat. § 27.21.140(c) of the commissioner‘s decision concerning the application, the applicant or a person who is or may be adversely affected by the decision may request a hearing to review the reasons for the decision. The commissioner shall hold the hearing within 30 days after the request and shall notify the interested parties of the hearing at the time the applicant is notified. Alaska Stat. Chapter 44.62 (Administrative Procedure Act) applies to a hearing under this section except as provided by regulations adopted under this chapter.
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Terms Used In Alaska Statutes 27.21.150

  • commissioner: means the commissioner of natural resources. See Alaska Statutes 27.40.010
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) If a hearing is requested under (a) of this section, the commissioner may, under conditions the commissioner prescribes, grant appropriate temporary relief pending the commissioner’s final decision if

(1) the parties to the hearing have been notified and given an opportunity to be heard on a request for temporary relief;
(2) the party requesting the temporary relief shows that there is a substantial likelihood that the party will prevail in the final decision of the hearing; and
(3) the temporary relief will not adversely affect the public health or safety or cause significant imminent harm to land, air, or water resources.
(c) The person presiding at the hearing may administer oaths, subpoena witnesses, subpoena written or printed materials, compel the attendance of witnesses or the production of materials, and take evidence including but not limited to evidence derived from site inspections of the land that will be affected by the permit or revision and other surface coal mining operations conducted by the applicant in the general vicinity of the operation proposed in the application. On the motion of a party or by order of the commissioner, a verbatim record of a hearing required by this chapter shall be made and a transcript made available.
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