(a) This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under Alaska Stat. Chapter 38.35 or Alaska Stat. Chapter 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 44.37.011

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner’s review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner’s decision on the appeal. The commissioner’s decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(c) If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner’s review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner’s decision. The commissioner’s decision made upon reconsideration or the commissioner’s failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(d) If a person has a right to petition for reconsideration under Alaska Stat. § 44.62.540 or this section, the person has a total of 20 days, including the time available under Alaska Stat. § 44.62.540, in which to file a petition for reconsideration with the commissioner.
(e) The department may adopt regulations to implement and interpret this section.
  Previous section
Next section  
 Article 1 Contents