(a) Except as otherwise provided under 7 AAC 34.040, the department will deny an application for a registry identification card if
- (1) the application is not complete;
- (2) the application does not meet the requirements of this chapter and AS 17.37;
- (3) the information in the application cannot be verified;
- (4) the information in the application is false;
- (5) the applicant submitted another application for a registry identification card less than six months before the date the application being reviewed was received by the department;
- (6) the applicant is precluded from obtaining a registry identification card under AS 17.37.040(b); or
- (7) the applicant's condition is not a qualified debilitating medical condition.
- (b) Except as otherwise permitted under 7 AAC 34.030(b), the designation of a primary care-giver will be denied if the applicant has designated as the applicant's primary care-giver a person who is also designated as the primary care-giver for a patient who holds a valid registry identification card. If the department denies the designation of a primary care-giver under this subsection and issues a registry identification card to the applicant without designating a primary care-giver under 7 AAC 34.040(b) the patient may seek to designate another individual as the patient primary care-giver at any time before the card's expiration date.
- (c) If the department denies an application for a registry identification card, the department will inform the applicant of the denial and state the reason for the denial in writing.
- (d) The department's decision to deny an application for a registry identification card is a final agency decision that may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure.
(Eff. 6/1/99, Register 150)
Authority: AS 17.37.010, AS 17.37.040, AS 18.05.040