Section 2 AAC 50.860 - Procedure for disputing penalty(a) A person who receives a penalty assessment under 2 AAC 50.855 may appeal the assessment to the commission by submitting a written statement(1) explaining any reason the person disputes any fact relevant to the assessment;(2) including an affidavit that states facts to support any mitigating factor listed in 2 AAC 50.865 that is applicable to that person; and(3) showing that any aggravating factor listed in 2 AAC 50.865(d) does not apply to that person.(b) The staff shall review any facts disputed in an appeal, including facts relevant to mitigating and aggravating factors. For any appeal of a penalty less than $250, if the staff has no evidence of an aggravating factor, the staff may determine that facts shown in mitigation under 2 AAC 50.865(b)(1) - (4) justify reducing the penalty by 50 percent, and may calculate the reduced penalty. If the person who appealed the penalty assessment agrees to the revised penalty assessment and pays the amount due no later than 30 days after receiving the revised penalty assessment, the appeal will be considered withdrawn, and the matter resolved. If, after applying the mitigating factors in 2 AAC 50.865(a) or (b), the staff reduces the assessed penalty to $100 or less and the person who appealed pays the revised penalty no later than 30 days after receiving the revised penalty assessment, the appeal will be considered withdrawn, and the matter resolved. If the person who appealed does not agree to the revised penalty, the staff shall provide a written recommendation to the commission and serve a copy on the person who appealed.(c) The commission will hear a penalty assessment appeal in compliance with the procedure for administrative appeals set out in 2 AAC 50.831. After considering the statement of reasons, the affidavit, and other relevant evidence, the commission may (1) affirm the civil penalty if the commission determines that the penalty is computed in compliance with 2 AAC 50.855 and justified either because (A) no mitigating factors have been shown; or(B) aggravating factors under 2 AAC 50.865(d) require imposition of the maximum penalties allowed under the relevant statutes;(2) reduce or waive the civil penalty if the commission finds that mitigating factors justify a reduction in the amount of the assessed penalty; or(3) reject the penalty assessment, or remand to the staff if the commission finds the penalty assessment is based on incomplete or inaccurate facts or application of the law.(d) If the commission determines to impose part or all of a civil penalty assessed under 2 AAC 50.855, the penalty is due no later than 30 days after the date the notice of the commission's decision is mailed or delivered.(e) A decision of the commission to impose any civil penalty may be appealed to the superior court as provided in AS 44.62.560 and Rules 601 - 612 of the Alaska Rules of Appellate Procedure. The commission will stay an obligation to pay the penalty as provided in (d) of this section when the commission decision is appealed to the superior court, but the stay terminates if the superior court affirms the commission's decision or if the appeal is withdrawn. A penalty imposed by the commission must be paid within 30 days after the superior court affirms the commission's decision or if the appeal is withdrawn.Eff. 12/22/2011, Register 200; am 1/16/2015, Register 213, April 2015; am 12/21/2016, Register 220, January 2017Authority:AS 15.13.030
AS 24.45.021
AS 24.60.220
AS 39.50.050