A. Except as provided by subsections
B and
E of this section, no decision to revoke, suspend or otherwise limit or restrict a license or permit granted under this title shall be effective until the person holding such license or permit is first given an opportunity to be heard before that decision is made. Administrative hearings under this subsection shall be conducted by the director of the Anchorage Health Department pursuant to chapter
3.60.
B. Except as provided by subsection
E of this section, the health director may, without prior warning, notice or hearing, suspend or otherwise restrict any license or permit granted under this title, if such action is necessary to eliminate an immediate and substantial danger to the public health, safety and welfare. Suspensions or restrictions ordered by the director under this subsection shall be effective immediately upon service of a notice thereof in compliance with the Alaska Rules of Court. Within five days following service of a notice of suspension or imposition of restrictions under this section, the respondent shall be given an opportunity to be heard on the legality, appropriateness or wisdom of that action, pursuant to chapter
3.60. At the conclusion of the hearing, the director may revoke, suspend, restrict or reinstate the license or permit affected.
C. Except as provided by subsection
E of this section, upon written request by a person aggrieved by an administrative decision to deny, refuse to issue or refuse to renew a license or permit under this title, no later than 20 days following that decision, the health director or his or her designee shall conduct a hearing to review the legality, appropriateness or wisdom of that decision. The hearing shall occur no later than ten days following service of the request on the director, and shall be conducted in accordance with chapter
3.60.
D. Hearings before the director under this section may, at the option of the director, be conducted by an administrative hearing officer designated by the director. If the director elects to refer the matter to an administrative hearing officer, the hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions must be forwarded to the director for adoption, rejection or modification and issuance of a final order or decision by the director.
E. This section shall not apply to, nor shall it be construed to supersede, any specific provision of this title already permitting or requiring administrative or quasijudicial hearings to determine the specific rights and privileges of any individual or to review the legality, appropriateness or wisdom of administrative action permitted in this title.
(AO No. 85-8; AO No. 95-180, § 14, 9-26-1995; AO No. 2018-118, § 2, 1-1-2019)