00 SENATE BILL NO. 257                                                                                                   
01 "An Act relating to notice requirements for certain final findings concerning the                                       
02 disposal of an interest in state land or resources for oil and gas; relating to                                         
03 administrative appeals and petitions for reconsideration of decisions of the                                            
04 Department of Natural Resources; and providing for an effective date."                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
06    * Section 1.  AS 27.19.080 is amended to read:                                                                     
07  Sec. 27.19.080.  Administrative Procedure Act.   Except as provided in                                             
08 AS 44.37.011,  AS 44.62 (Administrative Procedure Act) applies to this chapter.                                        
09    * Sec. 2.  AS 27.21.980 is amended to read:                                                                        
10  Sec. 27.21.980.  Administrative Procedure Act.  Unless otherwise provided                                           
11  in AS 44.37.011 or other law , AS 44.62 (Administrative Procedure Act) applies to                                    
12 this chapter.                                                                                                           
13    * Sec. 3.  AS 44.37 is amended by adding a new section to read:                                                    
14  Sec. 44.37.011.  Additional procedures for administrative appeals and                                                
01 petitions for reconsideration to the commissioner of natural resources.  (a)  This                                     
02 section applies to administrative appeals or petitions for reconsideration of a decision                                
03 in an administrative appeal to the commissioner of natural resources, except for those                                  
04 administrative appeals or petitions done under AS 38.35 or AS 43.82.  If a conflict                                     
05 occurs between this section and other state law existing at the time of enactment of                                    
06 this section, the provisions of this section control.                                                                   
07  (b)  If a person is aggrieved by a decision of the Department of Natural                                              
08 Resources not made by the commissioner and is otherwise eligible to seek the                                            
09 commissioner's review of the decision, the person may appeal to the commissioner.                                       
10 The person may not file a petition for reconsideration of the commissioner's decision                                   
11 on the appeal.  The commissioner's decision on the administrative appeal is a final                                     
12 administrative order for purposes of filing an appeal of the administrative decision to                                 
13 the court.                                                                                                              
14  (c)  If a person is aggrieved by a decision of the department made by the                                             
15 commissioner and is otherwise eligible to seek the commissioner's review of the                                         
16 decision, the person may not appeal that decision to the commissioner; however, the                                     
17 person may petition the commissioner for reconsideration of the commissioner's                                          
18 decision.  The commissioner's decision made upon reconsideration or the                                                 
19 commissioner's failure to act on the petition for reconsideration is a final                                            
20 administrative order for purposes of filing an appeal of the administrative decision to                                 
21 the court.                                                                                                              
22  (d)  If a person has a right to petition for reconsideration under AS 44.62.540                                       
23 or this section, the person has a total of 20 days, including the time available under                                  
24 AS 44.62.540, in which to file a petition for reconsideration with the commissioner.                                    
25  (e)  The department may adopt regulations to implement and interpret this                                             
26 section.                                                                                                                
27    * Sec. 4.  AS 38.05.945(a)(3)(B) is repealed.                                                                      
28    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section                            
29 to read:                                                                                                                
30  APPLICABILITY.  This Act applies to an administrative appeal first filed with the                                      
31 Department of Natural Resources on or after the effective date of this Act.                                             
01    * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c).