§ 14.40.340. Enforcement Hearing—Procedure.

A.

Within 5 days of receiving a copy of the enforcement notice, the RSA chair will give notice of the date of the hearing to the parties and the board. The chair will notify the parties regarding the members of the panel that will hear the enforcement proceeding. The hearing will be scheduled not less than 15 days from the date of the notice. For good cause the RSA chair may reschedule the date of the hearing. The notice will inform the respondent of the requirement to file a response to the enforcement notice pursuant to KPB 14.40.340(C).

B.

Not less than seven (7) days before the hearing, the borough shall provide to the RSA panel and the respondent the RSA's complete file regarding the permit, violation, and enforcement or fines at issue, except for the redaction of confidential material. The file shall include at a minimum and as relevant to the subject of the hearing: the enforcement notice; any cease and desist order or revocation notice; any complaints concerning the violations alleged in the notice; all investigative reports regarding each alleged violation; and all correspondence to or from the borough regarding each allegation.

C.

Not less than seven (7) days before the hearing the respondent shall provide to the RSA panel and the RSA director evidence relevant to the subject of the hearing and shall submit a written response ("answer") on a form provided by the road service area to the allegations. The respondent's answer shall include:

1.

The full name, mailing and physical address and daytime telephone number of the respondent, and of the person's attorney, if any.

2.

A statement that the person admits, denies, or has insufficient information to respond regarding each allegation in the enforcement notice. A statement of insufficient information has the effect of a denial. Any allegation that is not denied shall be deemed admitted.

3.

Signature of the respondent.

D.

Once the RSA director issues an enforcement notice, unless it is withdrawn, the RSA panel shall conduct an enforcement proceeding and follow all of the procedures set forth in KPB 14.40.340 regardless of whether the respondent submits an answer to the enforcement notice as required in KPB 14.40.340(C).

E.

The RSA panel shall set the agenda for the hearing and may call witnesses and request additional evidence. The hearing shall be open to the public. Parties may appear at the hearing in person or through counsel. The RSA panel may permit telephonic participation in the hearing by parties, their counsel or witnesses. The RSA panel may continue the hearing if necessary to obtain additional evidence. An electronic recording shall be made of the hearing by the RSA.

F.

At the hearing the parties may present evidence and testimony on their own behalf, call witnesses, and cross examine other parties' witnesses to the extent the RSA panel determines to be reasonably necessary to explore any matters which tend to contradict, modify, or explain testimony given on direct. All testimony shall be given under oath or affirmation.

G.

Within 10 days after the hearing, the RSA panel shall issue a written decision on all matters at issue at the hearing. The RSA chair shall distribute the decision to each party by personal delivery, certified mail, or by facsimile or email to a party who has consented to service by facsimile or email. The decision shall include a concise disposition statement either prescribing the fine imposed and the remedy for each violation, dismissing the enforcement notice, or declaring such other specific relief ordered by the RSA panel within the RSA board's jurisdiction as defined by KPB 14.40.320. A decision shall also identify the violator or violators to whom the remedy applies and indicate that it is appealable and set forth the method and timing for such appeal. The remedies may include:

1.

An order to a violator to correct or abate the violation within a specified time.

2.

An order to a violator to pay to the borough a fine pursuant to KPB 14.40.380. The fine shall not exceed $500 for each day of each such violation. Fines shall accrue from the date the enforcement notice is issued to the date the enforcement is initially set for hearing. Accumulated fines for each violation may not be reduced by the RSA panel to less than the equivalent of one day's fine. The RSA panel may suspend a portion of a fine for a violation as a condition of compliance with other portions of the decision. If a suspension of fine is ordered the respondent must pay not less than the equivalent of a one day fine. The fine shall be paid at the borough administrative building or the borough RSA building. Upon receiving notice that the fine has been paid, the RSA director shall inform the RSA chair that the respondent has complied with the order.

3.

An order revoking a permit issued pursuant to this title.

H.

In the case of an order under subsection KPB 14.40.340(G)(1), the RSA board retains jurisdiction of the matter, unless appealed, and the RSA director may apply to the RSA board for additional relief to enforce compliance with the order. Such an application is not exclusive of any other remedy that is available to the borough under this chapter or at law or in equity.

I.

Violation of an enforcement order requiring actions set forth in KPB 14.40.340(G)(1) is a separate violation of this chapter.

J.

Unpaid fines are collectible through filing an action in the trial courts of the State of Alaska and may include a judgment for fines, costs, and attorneys fees. Fines for charges appealed to the superior court are subject to collection unless the appellant receives a stay pending appeal from the court. Arrangements for payment plans may be made by the RSA director if the RSA director determines it is in the borough's best interest.

K.

The RSA director or designee who issued the enforcement notice may dismiss the enforcement notice before the hearing by written notice to the RSA chair and each person entitled to service of the underlying notice, if the RSA director or designee finds:

1.

The enforcement notice was issued in error; or

2.

All violations that were alleged in the enforcement notice have been corrected or abated, and the borough does not seek any further remedies or penalties under the notice.

(Ord. No. 2015-22 , § 1, 8-18-15)