- (a) Unless otherwise provided in federal law, a request for a hearing within the scope of 7 AAC 49.020 must be made to the department in writing by a recipient, or by a legal representative acting on the recipient's behalf, not later than 30 days after the date of the notice required under 7 AAC 49.060. A hearing request may be accepted after the time limit under this section only if the administrative law judge finds, based on the evidence submitted, that the request for a hearing could not be filed within the time limit.
- (b) Unless the request is denied under 7 AAC 49.080, the department will refer the matter to the office of administrative hearings (AS 44.64.010) as provided under AS 44.64.060 and 2 AAC 64.120.
- (c) Other than a care coordinator, a service provider may not request a hearing for a recipient if it concerns services by that provider or if the outcome of the hearing affects the level of paid services to that provider.
(Eff. 3/23/78, Register 65; am 6/26/99, Register 150; am 4/4/2013, Register 206)
Authority: AS 47.05.010, AS 47.25.180, AS 47.25.460, AS 47.27.080