§ 16.80.140. Anchorage Health Department permit approval.

A.

Upon receipt of a complete application for a new habilitative care facility or correctional community residential center at a given location, the director or designee of the Anchorage Health Department shall review the application for issuance of a permit under this chapter. Where the director determines that the interest of the public would be best served thereby, a conditional approval may be granted, pending compliance with specified legal requirements within a specified reasonable period. Upon the applicant's showing of compliance with such requirements within the time specified, a permit shall be issued. Noncompliance within the time specified may result in permit denial.

B.

A permit issued by the Anchorage Health Department under this chapter shall not become effective unless and until the effective date of the conditional use issued under applicable Title 21, Land Use Standards.

C.

Facility permits are subject to the provisions of this chapter, applicable standards in title 21, and any conditions of land use under the conditional use permit.

D.

In the case of application for recertification of an existing quasi-institutional house, habilitative care facility, or correctional community residential center, the director shall determine if the house, habilitative care facility or correctional community residential center is being operated in conformance with all provisions of this chapter. Upon an affirmative determination, a new permit may be issued. Where the director determines that the interest of the habilitative care facility or correctional community residential center residents and the public would be best served thereby, an interim approval may be granted, pending compliance with specified legal requirements within a specified reasonable period. Upon the applicant's showing of compliance with such requirements within the time specified, a regular permit shall automatically be issued. Noncompliance within the time specified may result in permit denial.

E.

Any denial of a permit is subject to appeal in an administrative hearing open to the public.

F.

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, modification or rejection and issuance of a final order or decision by the director on the appeal.

(GAAB 16.80.140; AO No. 95-180, § 16, 9-26-95; AO No. 2011-1(S-1), § 15, 2-15-11; AO No. 2018-118 , § 2, 1-1-19)