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- Alaska Statutes.
- Title 14. Education, Libraries, and Museums
- Chapter 43. Financial Aid Programs For Postsecondary Students
- Section 153. Hearings in Administrative Action to Establish a Collection Order; Burden of Proof.
previous: Section 152
. Initiation of Administrative Action to Establish a Collection Order; Required Notice.
next: Section 154
. Collection Orders as Judgments.
AS 14.43.153. Hearings in Administrative Action to Establish a Collection Order; Burden of Proof.
- (a) A borrower served with a notice of establishment of collection order under AS 14.43.152
is entitled to a hearing before the commission if the request for a hearing is served on the commission by registered
mail, return receipt requested, within 30 days after the date the notice is mailed to the borrower.
- (b) If a request for a hearing in accordance with (a) of this section is made, the issuance of a collection order is
automatically stayed pending the decision of the hearing officer for the commission. If a request for a hearing is not
made, the collection order is final at the expiration of the 30-day period specified in (a) of this section.
- (c) A borrower claiming that the notice is incorrect has the burden at hearing to document the existence of one of the
conditions described in AS 14.43.152
(b)(3)(A) and (B).
- (d) Within 60 days after the date of the hearing, the hearing officer shall enter a decision determining whether default
has occurred and, if default has occurred, specifying the amount of the collection order and declaring that the
property of the borrower is subject to a lien under AS 14.43.149
in the amount of the collection order.
- (e) If the borrower who requested the hearing fails to appear at the hearing, the hearing officer shall enter a decision
- (1) confirming that a default has occurred;
- (2) confirming the amount of the collection order;
- (3) declaring that the property of the borrower is subject to a lien under AS 14.43.149
in the amount stated under (2) of this subsection.
- (f) The decision of the hearing officer is a final decision that may be appealed to the superior court under the Alaska
Rules of Appellate Procedure.
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