8 AAC 77.130 - Appeals

(a) An owner of an elevator may appeal a decision made under this chapter by authorized representatives of the department to the commissioner within 15 days after receipt of the decision.

(b) The appeal must be in writing and may be delivered in person to any mechanical inspection section office of the labor standards and safety division of the department or mailed to the commissioner. The appeal must

(1) identify the elevator that is the subject of the appeal and its location;

(2) specify the decision being appealed;

(3) state the particular basis upon which the owner relies in appealing the decision; and

(4) specifically address the effect a reversal of the decision or appeal will have on the physical safety of persons in or around the elevator involved.

(c) The commissioner will request the authorized elevator inspector whose decision is challenged in the appeal to submit in writing the authorized elevator inspector's response to the appeal. The commissioner may obtain the recommendation of an independent expert knowledgeable in the field of elevator safety as a further basis for a determination.

(d) The commissioner will make a decision on the appeal no later than 30 days after receipt of a request for appeal based on the arguments submitted by the appellant, the response of the authorized elevator inspector, and the recommendation, if any, obtained under (c) of this section from an independent expert. The commissioner's decision is the final agency decision.

Notes

8 AAC 77.130

Eff. 10/21/79, Register 72; am 10/21/92, Register 124; am 12/17/99, Register 152; am 2/23/2011, Register 197

The mailing address for the commissioner is Commissioner of Labor and Workforce Development, P.O. Box 111149, Juneau, AK 99811-1149.

Authority:AS 18.60.800