8 AAC 70.075 - Appeals
(a) A notice issued under
AS
18.60.630 for a violation of
AS
18.60.580 -
AS
18.60.695 or this chapter, based upon a
department inspection under
AS
18.60.600(a)(2), is final
unless a person affected, or the owner or contractor of the premises inspected,
files an appeal with the commissioner within 30 days after receipt of the
notice. The appeal must be in writing and must include
(1) a specification of objections to the
department's findings, and a concise summary of facts in support of each
objection; and
(2) a description of
the relief sought.
(b)
The commissioner's decision will be based upon the department's record,
including the written appeal, and will state the facts relied upon by the
commissioner in making the decision.
(c) The commissioner will, in his or her
discretion, hold a hearing on the appeal to supplement the record where
clarification or additional facts may be necessary for a proper resolution of
the appeal.
(d) A hearing held
under this section will be conducted in accordance with
AS
44.62.330-44.62.630, except that the
director of the labor standards and safety division of the Department of Labor
and Workforce Development, or his or her designee, shall act as hearing
officer.
(e) Within 30 days after
the hearing, a copy of the decision will be sent to the appellant. Within 30
days after the decision is issued, the appellant may appeal to the superior
court.
Notes
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125(b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
Authority:AS 18.60.600
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