8 AAC 61.090 - Special inspection, review
(a) If after
conducting a special inspection the department does not issue a citation, and
within 30 days after the special inspection, the department will inform in
writing the person giving notice under
8
AAC 61.080(a) of the reason that a
citation was not issued. The notifying party may obtain a review of the
department's declining to issue a citation by submitting a written statement of
position to the director within 30 days after receiving notification that a
citation was not issued. Within 15 days after receiving the statement of
position, the director shall provide a determination to the person requesting
the review.
(b) If the department
determines, based on the notice given under
8
AAC 61.080(a) that there are no
reasonable grounds to believe that a violation of a safety or health regulation
exists, and does not conduct a special inspection, the notifying party will be
informed in writing of the reason a special inspection was not conducted within
30 days. Review of the department's declining to conduct a special inspection
may be obtained by the notifying party by submitting a written statement of
position to the director within 30 days after receiving notification that a
special inspection was not conducted. Within 15 days after receiving the
statement of position, the director shall provide a determination to the person
requesting the review.
(c) If the
director upholds the department's declining to issue a citation or declining to
conduct a special inspection , the notifying party may obtain a review of the
director's determination by submitting a written statement of position to the
commissioner within 10 days after receipt of the director's determination. The
commissioner may affirm, modify, or reverse the director's determination. The
commissioner will provide a final disposition to the notifying party within 15
days after receipt of the request for review of the director's
determination.
Notes
Authority:AS 18.60.020
AS 18.60.088
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