Alaska Administrative Code

(a) The administrator of a school shall, whenever practical, ensure the use of nonchemical methods to control pests, including proper sanitation practices, structural repair, and window screens. (b) Except as provided in (h) of this section, at least 24 hours before the applicati…

(a) A person may not apply a pesticide in a public place without first posting a written notice on the application site. The notice (1) must be conspicuously posted at each point of customary access to each public place or each portion of each public place requiring a written not…

A person may not apply a pesticide within a dwelling unit used as a home, residence, or sleeping place leased to another person, without first notifying the tenant (1) by posting, at each entrance to the treated area, a written notice that complies with the requirements listed in…

(a) Except as provided under 18 AAC 90.500 and 18 AAC 90.505, the application of one or more pesticides on land owned or leased by an agency of the state, or on a right-of-way managed by the agency, is authorized if (1) the application follows an integrated pest management plan a…

An integrated pest management plan must establish a procedure for the use of one or more pesticides in a manner that poses the least possible hazard to people, property, and the environment, by using pesticides only after nonchemical practices, sanitation, and other preventive me…

The agency initiating a public pesticide program or project shall identify a person in charge to oversee pest control. That person shall (1) develop and implement an integrated pest management plan in accordance with 18 AAC 90.645; (2) ensure compliance with the integrated pest m…

(a) A department employee or designated agent may enter upon public or private premises at reasonable times and with the owner's or occupier's consent to (1) inspect containers, equipment, and supplies used to store, mix, load, transport, or apply pesticides; (2) inspect, investi…

If the department has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, offered for sale, or used in violation of this chapter, the department will, in its discretion, serve a written stop sale, use, or removal order to the owner or…

An applicator who applies a pesticide as part of a forestry vegetation management project (1) may not apply a pesticide within a protective area (A) of 200 feet, measured horizontally, from a surface water source that is used for a public water system; for purposes of this subpar…

(a) An initial application for registration submitted under 18 AAC 90.205 or an application for renewal of registration submitted under 18 AAC 90.205 must be accompanied by a fee of $120 for each product. (b) If a producer has more than one product, the fee will be waived for the…

An applicator certified under 18 AAC 90.300 will be assessed a fee of $25 before the issuance of the initial certification document and at the time of each annual renewal or recertification. An applicator certified in one category will not be assessed a fee for certifications in …

A person who disputes the assessment of fees under 18 AAC 90.850 - 18 AAC 90.860 may request a review under 18 AAC 15.190. Notes 18 AAC 90.870 Eff. 2/15/2006, Register 177 Authority:AS 44.46.025 AS 46.03.020 AS 46.03.320 AS 46.03.330 AS 46.03.730

(a) A person subject to this chapter who is aggrieved by a decision of the department under this chapter may request an informal review of the decision under 18 AAC 15.185. (b) This section does not affect the right of a person to request an adjudicatory hearing under 18 AAC 15.1…

Unless the context indicates otherwise, in this chapter (1) "active ingredient" means, in the case of a (A) pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, or mitigate a pest; (B) plant regulator, an ingredient tha…

(a) Compliance order proceedings are initiated by the service of a notice of intent to issue a compliance order upon the person or persons responsible for an actual or threatened violation. The notice of intent will be signed by the deputy commissioner. (b) The notice of intent w…

(a) Unless otherwise specified, the respondent shall serve upon the regional office designated in the notice of intent the report requested under sec. 10(b)(4) of this chapter within 15 days of service of the notice of intent. The deadline for service of the report may be shorten…

(a) Upon receipt of respondent's report, or at the expiration of the service period if no report is served, the deputy commissioner shall review the record of the case, and shall, in his discretion, thereafter issue a compliance order. (b) In addition to any findings and conclusi…

(a) A compliance order is effective upon receipt. (b) A timely request for a hearing under sec. 30(e) of this chapter acts as a stay of the provisions of the order pending decision by the commissioner or his designee. (c) If the respondent does not make a timely request for a hea…

(a) Immediately upon service of a request for a hearing (or upon a determination under sec. 20(c)(2) of this chapter), the department will schedule a hearing to be held no later than 20 days after service of the request or determination. The location of the hearing will conform t…

(a) Immediately upon service of a request for a hearing, the department will arrange for the appointment of a hearing officer under AS 44.62.350. (b) The department will hear the case with the hearing officer. The hearing officer will preside at the prehearing conference and the …

(a) At any time after service of the compliance order, and upon 24 hours' notice, the respondent may inspect and copy all documents and records pertaining to the case at the prosecuting office during normal working hours. Except for good cause shown, a fee of 10 cents per page of…

(a) If the hearing officer determines that a prehearing conference will aid disposition of the case, he shall notify the parties no later than seven days before the scheduled date of the hearing of the date, time and location of the conference. The conference shall be held no lat…

(a) The sequence of argument, examination and summation must follow that of a civil proceeding, except to the extent modified under sec. 80(b)(7) of this chapter. However, either the hearing officer may or the commissioner, in his discretion, will or the commissioner's designee m…

Within three days of the close of the hearing, a party may serve upon the commissioner or his designee and all other parties proposed findings of fact. The proposed findings are intended only as an aid to the commissioner or his designee, and a ruling on the acceptance or rejecti…

(a) The commissioner or his designee will serve upon the parties an order rescinding, modifying or affirming the compliance order (or ruling on the defenses raised in hearings held under sec. 20(e)(2) of this chapter) within 30 days of the close of the hearing. The order serves a…

(a) Within 30 days of service of the order under sec. 110(a) of this chapter (except for a petition by the respondent pertaining to a hearing held under sec. 20(e)(2) of this chapter), a party may serve upon the commissioner, and the opposing party, a petition for reconsideration…

Hearings must be tape recorded. At any time after the close of the hearing, a party may request a transcript of the hearing from the department. Except for good cause shown, the party requesting the transcript shall pay the cost of the transcript and all requested copies of it be…

(a) Any matter required to be served under this chapter may be served by personal service, registered mail, or certified mail, return receipt requested. (b) Proof of service must be made by an affidavit of service, or on appropriate forms if service is made by a peace officer. Up…

The hearing officer may, the commissioner in his discretion will, and the commissioner's designee may, in the interests of justice, relax or dispense with a deadline or requirement imposed by this chapter. Notes 18 AAC 95.150 Eff. 7/24/77, Register 63 Authority:AS 46.03.020(10) A…

At any time during the compliance order proceedings, the parties may enter into a consent order. Any consent or compromise agreement must take the form of a stipulated compliance order, and must be signed and confirmed by the commissioner or his designee. Notes 18 AAC 95.160 Eff.…

Secs. 50 - 160 of this chapter supplement, and are not intended to diminish or restrict any right or privilege which a party may have under AS 44.62.410-44.62.540. Notes 18 AAC 95.170 Eff. 7/24/77, Register 63 Authority:AS 46.03.020(10) AS 46.03.850

As used in this chapter, unless the context otherwise requires (1) "commissioner" means the commissioner of the Department of Environmental Conservation; (2) "department" means the Department of Environmental Conservation; (3) "designee" means the employee of the department to wh…

Notes 19 AAC 33.005 Eff. 6/27/87, Register 102

Notes 19 AAC 33.010 Eff. 6/27/87, Register 102

Notes 19 AAC 33.020 Eff. 6/27/87, Register 102

Notes 19 AAC 33.030 Eff. 6/27/87, Register 102

Notes 19 AAC 33.040 Eff. 6/27/87, Register 102

Notes 19 AAC 33.050 Eff. 6/27/87, Register 102

Notes 19 AAC 33.060 Eff. 6/27/87, Register 102

Notes 19 AAC 33.070 Eff. 6/27/87, Register 102

Notes 19 AAC 40.010 Eff. 3/27/76, Register 57; am 7/25/80, Register 75

Notes 19 AAC 40.020 Eff. 3/27/76, Register 57; am 7/25/80, Register 75

Notes 19 AAC 40.030 Eff. 3/27/76, Register 57; am 8/25/80, Register 75

Notes 19 AAC 40.040 Eff. 3/27/76, Register 57; am 7/25/80, Register 75

Notes 19 AAC 40.050 Repealed 7/25/80.

Notes 19 AAC 40.060 Eff. 7/25/80, Register 75

Notes 19 AAC 40.070 Eff. 7/25/80, Register 75