In by ombudsman

A mining company supervisor contacted the Ombudsman to complain that DNR voided the company’s mining claims for not having a state business license and failed to notify the mining company that it needed a state license to operate the mine. After reviewing applicable statutes, regulations, and case law, the Ombudsman saw that DNR staff had misapplied Alaska law and improperly voided the company’s mining claims. The agency agreed with the Ombudsman’s conclusion after consulting with the Attorney General’s office. It rescinded its letter voiding the mining claims. The Ombudsman requested that the agency reimburse the complainant for $940 he paid to re-stake the claims after he had been wrongly advised by DNR staff that he had to do so. The Ombudsman also requested that the agency review staff’s recent decisions voiding other mining claims to determine whether any had been improperly voided as well. (A2017-0441)