§ 14.40.130. Permit appeal—Decision final—Appeal.  


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  • The RSA director's initial permit review under KPB 14.40.120 is appealable to the RSA board. An appeal to the RSA board must be filed within 10 days of the distribution date of the RSA director's written decision. The appeal shall be in writing on a form provided by the RSA and shall state the reasons the appellant believes the RSA director's decision to be in error, including references to code sections violated by the RSA director's decision. The permittee may request review by the RSA board following the procedures and deadlines under this provision when the RSA director issues a cease and desist order under KPB 14.40.300(C) or revokes a permit under KPB 14.40.300(D). Whether the RSA board reviews a permit on appeal or provides the initial permit review, the applicant for a permit may appeal the RSA board's determination to the superior court in Kenai, Alaska, pursuant to Part 6 of the Alaska Rules of Appellate procedure. Nothing in this regulation shall prohibit utilization of a mutually-acceptable alternative dispute resolution procedure.

(Ord. No. 2015-22 , § 1, 8-18-15; Ord. No. 2004-16, § 2, 6-1-04; Ord. No. 2000-57, § 11, 12-12-00; Ord. No. 97-33, § 1, 1997; Ord. No. 96-24, § 1(part), 1996)