1. (a) Appeals permitted by the following sections are subject to the provisions of this section: 15 AAC 150.030, 15 AAC 151.920, 15 AAC 151.930, 15 AAC 152.900, 15 AAC 155.020, 15 AAC 155.030, and 15 AAC 155.630.

2. (b) An appeal under this section will be heard and decided by the executive director, the designee, or an appeals committee appointed by the executive director or the designee.

   1. (1) If an appeal involves a decision made by the executive director, or if the executive director has a conflict of interest, the executive director shall appoint as the designee, a person who was not directly involved in making the decision, to hear and decide the appeal, or to appoint an appeals committee.

   2. (2) Upon receiving an appeal under of this section, the executive director or the designee may appoint an appeals committee. The executive director, the designee, or the appointed appeals committee shall review the appeal, relevant information from agency staff, including any decision by staff, and other relevant information, and shall

      1. (i) prepare a final decision; or
      2. (ii) request additional information from the appellant.

3. (c) The following persons may appeal the following decisions of the Corporation under this section:

   1. (1) a decision by the Corporation relating to purchasing, participating in the purchase, making, or participating in the making of a mortgage loan may be appealed by the seller of the mortgage loan;
   2. (2) a decision by the Corporation relating to the denial of approval for a housing project may be appealed by the seller sponsoring the project;
   3. (3) a decision by the Corporation relating to the recertification of approval for a housing project may be appealed by the project homeowner association applying for recertification;
   4. (4) a decision by the Corporation relating to a direct loan by the Corporation may be appealed by the borrower or his or her designee;
   5. (5) a decision by the executive director under 15 AAC 150.030(d) relating to a municipality's construction code may be appealed by the municipality affected by the decision;
   6. (6) a decision by the Corporation under 15 AAC 151.920 relating to a delegated underwriter application may be appealed by the applicant; and
   7. (7) a decision by the Corporation under 15 AAC 155.020 or 15 AAC 155.030 relating to the energy efficiency standard that is subject to appeal under the terms of those sections may be appealed by the requester referred to in those sections.
4. (d) Repealed 5/31/2017.
5. (e) No member of the appeals committee may serve on an appeal in which he or she has a conflict of interest. The remaining members of the committee will determine whether a conflict of interest exists. If a conflict of interest is found, the executive director or the designee will appoint a new member to the appeals committee.

6. (f) If the executive director, the designee, or an appeals committee reaches a decision that is adverse to the appellant, the decision must:

   1. (1) be in writing and dated;
   2. (2) specifically set forth the reasons relied upon to reach the decision;
   3. (3) be signed by the executive director or the designee for the appeal; and
   4. (4) be mailed or delivered to the appellant.

7. (g) An appeal under this section must be in writing and dated, must be received by the Corporation within 10 working days after the date of the Corporation's decision being appealed, and must include at least the following information:

   1. (1) the name, address, and telephone number of the appellant or appellant's designated representative;
   2. (2) the signature of the appellant or appellant's designated representative;
   3. (3) specific reasons supporting the appeal; and
   4. (4) a detailed statement of the factual grounds of the appeal, including copies of relevant documentation.
8. (h) In the case of an appeal from a decision relating to the recertification of a housing project, the project homeowner association may make an oral presentation to the executive director, the designee, or the appeals committee. A request to make an oral presentation must be included in the written notice of appeal. The Corporation's project reviewer may attend the presentation and provide comments.
9. (i) The executive director, the designee, or the appeals committee shall issue a written appeal decision within 30 calendar days after the later of the date when the Corporation receives the notice of appeal, or the date when the appellant responds to a request for more information under (b)(2)(ii) of this section. If the written decision is not issued by this deadline, the appeal shall be deemed denied.
10. (j) The Corporation will consider no further appeal from a decision of the executive director, the designee, or the appeals committee.

(Eff. 5/7/93, Register 130; am 9/19/2001, Register 160; am 6/14/2010, Register 204; am 7/14/2010, Register 204; am 5/31/2017, Register 223)