Alaska Admin. Code tit. 11, § 02.020
Finality of a decision for purposes of appeal to court
Effective Sep 19, 2001Alaska Register 159(Eff. 11/7/90, Register 116; am 9/19/2001, Register 159) | Authority: AS 03.05.010, AS 38.05.035, AS 41.17.055, AS 29.65.050, AS 38.08.110, AS 41.21.020, AS 29.65.120, AS 38.09.110, AS 44.37.011, AS 38.04.900, AS 38.50.160, AS 46.15.020, AS 38.05.020, AS 41.15.020, AS 46.17.030
- (a) Unless otherwise provided in a statute or a provision of this title, an eligible person must first either appeal or request reconsideration of a decision in accordance with this chapter before appealing a decision to superior court.
- (b) The commissioner's decision on appeal is the final administrative order and decision of the department for purposes of appeal to the superior court.
- (c) The commissioner may order or deny a request for reconsideration within 30 calendar days after issuance of the decision, as determined under 11 AAC 02.040(c) - (e). If the commissioner takes no action during the 30-day period, the request for reconsideration is considered denied. Denial of a request for reconsideration is the final administrative order and decision of the department for purposes of appeal to the superior court.
- (d) If the commissioner timely orders reconsideration of the decision, the commissioner may affirm the decision, issue a new or modified decision, or remand the matter to the director for further proceedings. The commissioner's decision, other than a remand decision, is the final administrative order and decision of the department for purposes of appeal to the superior court.
(Eff. 11/7/90, Register 116; am 9/19/2001, Register 159)
Authority: AS 03.05.010, AS 38.05.035, AS 41.17.055, AS 29.65.050, AS 38.08.110, AS 41.21.020, AS 29.65.120, AS 38.09.110, AS 44.37.011, AS 38.04.900, AS 38.50.160, AS 46.15.020, AS 38.05.020, AS 41.15.020, AS 46.17.030