Alaska Statutes
Alaska Stat. § 44.37.011 (2026)
Additional procedures for administrative appeals and petitions for reconsideration to the commissioner of natural resources
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 44.37.011. Additional procedures for administrative appeals and petitions for reconsideration to the commissioner of natural resources.
(a) This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under AS 38.35 or AS 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
(b) If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner's decision on the appeal. The commissioner's decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(c) If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner's decision. The commissioner's decision made upon reconsideration or the commissioner's failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(d) If a person has a right to petition for reconsideration under AS 44.62.540 or this section, the person has a total of 20 days, including the time available under AS 44.62.540, in which to file a petition for reconsideration with the commissioner.
(e) The department may adopt regulations to implement and interpret this section.
(a) This section applies to administrative appeals or petitions for reconsideration of a decision in an administrative appeal to the commissioner of natural resources, except for those administrative appeals or petitions done under AS 38.35 or AS 43.82. If a conflict occurs between this section and other state law existing at the time of enactment of this section, the provisions of this section control.
(b) If a person is aggrieved by a decision of the Department of Natural Resources not made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may appeal to the commissioner. The person may not file a petition for reconsideration of the commissioner's decision on the appeal. The commissioner's decision on the administrative appeal is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(c) If a person is aggrieved by a decision of the department made by the commissioner and is otherwise eligible to seek the commissioner's review of the decision, the person may not appeal that decision to the commissioner; however, the person may petition the commissioner for reconsideration of the commissioner's decision. The commissioner's decision made upon reconsideration or the commissioner's failure to act on the petition for reconsideration is a final administrative order for purposes of filing an appeal of the administrative decision to the court.
(d) If a person has a right to petition for reconsideration under AS 44.62.540 or this section, the person has a total of 20 days, including the time available under AS 44.62.540, in which to file a petition for reconsideration with the commissioner.
(e) The department may adopt regulations to implement and interpret this section.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2015–2021 · leading case: PLC, LLC. & MH2, LLC. v. State of Alaska, Dep't of Nat. Resources, 484 P.3d 572 (Alaska 2021).
PLC, LLC. & MH2, LLC. v. State of Alaska, Dep't of Nat. Resources, 484 P.3d 572 (Alaska 2021). “” 6 AS 44.37.011(b) (“If a person is aggrieved by a decision of the Department of Natural Resources .”
McGlinchy v. State, Dep't of Nat. Resources, 354 P.3d 1025 (Alaska 2015). “But federal mining law applies only "[uJnless otherwise provided" and "as supplemented ~ by state law.”
McGlinchy v. State, Dept. of Nat. Resources, No. 7028 S-15277 (Alaska Aug. 7, 2015). “” M&M argues that DNR should have been required to proceed first at the hearing. But federal mining law applies only “[u]nless otherwise provided” and “as supplemented by state law.”
Alaska Stat. § 44.37.011(a): 2 cases
McGlinchy v. State, Dep't of Nat. Resources, 354 P.3d 1025 (Alaska 2015). “But federal mining law applies only "[uJnless otherwise provided" and "as supplemented ~ by state law.”
McGlinchy v. State, Dept. of Nat. Resources, No. 7028 S-15277 (Alaska Aug. 7, 2015). “” M&M argues that DNR should have been required to proceed first at the hearing. But federal mining law applies only “[u]nless otherwise provided” and “as supplemented by state law.”
Alaska Stat. § 44.37.011(b): 1 case
PLC, LLC. & MH2, LLC. v. State of Alaska, Dep't of Nat. Resources, 484 P.3d 572 (Alaska 2021). “” 6 AS 44.37.011(b) (“If a person is aggrieved by a decision of the Department of Natural Resources .”
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