(a) After the hearing, the appeal referee shall issue a written decision that states the findings of fact and the reasons for the decision. The decision of the appeal referee shall
- (1) affirm, reverse, or modify the determination of the division; or
- (2) remand the case to the division for further investigation and a redetermination.
(b) If the appellant does not appear for the hearing, the appeal referee may
- (1) dismiss the appeal without a hearing;
- (2) continue the hearing upon a finding of good cause outside of the control of the appellant;
- (3) decide the merits of the appeal on the basis of the available information without a hearing; or
- (4) decide the merits of the appeal after conducting a hearing with the participation of the parties who did appear.
- (c) The appeal referee shall mail or deliver a copy of a decision issued under (a) or (b) of this section to all interested parties. The decision must include or be accompanied by a notice that states clearly the procedure and time period for filing an appeal from the referee's decision.
- (d) A party may file an appeal to the department from a decision of an appeal referee, except for a referee decision issued under (a)(2) of this section that only remands the case to the division for further investigation and a redetermination. If the case is remanded, the party may file an appeal to an appeal referee from the redetermination issued by the division.
- (e) The director shall maintain electronic or paper copies of decisions of appeal referees. The decisions are open for inspection by the public.
(Eff. 11/7/80, Register 76; am 3/27/82, Register 81; am 10/12/97, Register 144)
Authority: AS 23.20.045, AS 23.20.420, AS 23.20.430