41.0318 Denials and appeals.

Cite as [A.S.A.C. § 41.0318]

(a) Denials and Appeals. Whenever a formal application or petition filed with the office is denied, the applicant shall be given written notice setting forth the specific reasons for such denial. When the applicant so desires, such an appeal to the board may be taken within 15 days after the service of notification of decision accompanied by a supporting brief if desired and any fee established for filing the notice of appeal which shall be furnished with the written notice. For good cause shown, the time within which the brief may be submitted may be extended. The party taking the appeal may, prior to appearing before the board, file a written withdrawal of such appeal. An appeal, cross appeal, answer thereto and accompanying brief, if any, shall become part of the record of proceeding and, if filed by an officer of the office, a copy shall be served on the party affected.

(b) Dismissal of Appeals. Notwithstanding the provisions of subsection (c) of this section, the board may deny oral argument and dismiss any appeal when (1) the party concerned fails to specify the reasons for his/her appeal, or (2) the appeal is patently frivolous.

(c) Oral Argument. If an appeal is taken, request for oral argument, "if desired, shall be included in a notice of appeal. The board shall have the authority to designate the time, date and place where oral argument may be heard.

History: Rule 3-86, eff 7 Dec 86.