Alaska Admin. Code tit. 20, § 17.018
Appeal process
Effective Sep 18, 2022Alaska Register 243(Eff. 4/27/2001, Register 158; am 12/31/2005, Register 176; am 5/21/2021, Register 238; am 9/18/2022, Register 243) | Authority: AS 14.48.020, AS 14.48.050, AS 14.48.100, AS 14.48.030, AS 14.48.090, AS 14.48.110
- (a) An applicant who is denied an exemption under 20 AAC 17.015, denied participation in W-SARA under 20 AAC 17.016, or assessed a late fee under 20 AAC 17.055(a)(6) may submit a request for reconsideration in writing to the executive director not later than 30 days after notification of the action. The request for reconsideration must clearly state each objection to the action, the justification for each objection, and the reasons why the applicant is entitled to the requested relief under AS 14.48 and this chapter. The executive director may request additional information from the applicant and shall mail or distribute a written determination not later than 30 days after receipt of the request for reconsideration.
- (b) Not later than 30 days after the mailing or distribution of the executive director's decision on the request for reconsideration, the applicant may submit a written request to the commission for a hearing on appeal. The hearing shall be conducted in accordance with AS 44.62 (Administrative Procedure Act) by the office of administrative hearings (AS 44.64.010). The request for a hearing must clearly state each objection to the action and the justification for each objection. The appellant has the burden to prove by a preponderance of the evidence that the appellant is entitled to the requested relief under AS 14.48 and this chapter.
- (c) The appellant's status as a participant or non-participant under 20 AAC 17.016 remains unchanged during any reconsideration or appeal process.
(Eff. 4/27/2001, Register 158; am 12/31/2005, Register 176; am 5/21/2021, Register 238; am 9/18/2022, Register 243)
Authority: AS 14.48.020, AS 14.48.050, AS 14.48.100, AS 14.48.030, AS 14.48.090, AS 14.48.110