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Title 2 . Administration
Chapter 25 . Public Information
Section 50. Procedure following assignment

2 AAC 25.050. Procedure following assignment

(a) Upon receipt of the assignment of a matter under this chapter, the hearing officer shall have all pertinent papers and memoranda relating to the claim and to the decision to disallow, as designated by any party to the appeal, transmitted to him. The hearing officer, in his discretion, may request that additional papers and memoranda be transmitted to him. The claimant has the right to view any of the aforementioned material.

(b) Upon receipt of the relevant papers and memoranda, the hearing officer shall set a time and place for hearing the appeal. A hearing should be scheduled under this subsection as soon as practical, but not later than 60 calendar days after the hearing officer receives the relevant papers and memoranda.

(c) When a hearing has been scheduled under this section, the hearing officer shall inform the claimant, the officer disallowing payment, the officer approving the voucher and any other interested person, at least 15 calendar days before the hearing, of the place and time set for the hearing. He also shall inform them that they will be given a reasonable opportunity to present their arguments relating to the claim at the hearing.

(d) Either party to the claim may seek to have the hearing date rescheduled. If, in the hearing officer's discretion, the request for rescheduling appears adequately justified the hearing will be rescheduled. Failure of the claimant to appear at the hearing may be grounds for disallowance of the claim.

(e) Both parties to the claim shall submit a hearing memorandum to the Department of Administration before the hearing date. The hearing memorandum should contain factual background, citations of law where appropriate, a statement of position, and the remedy sought. The Department of Administration will forward copies of the hearing memorandum to the adverse parties before the hearing.

History: Eff. 12/2/78, Register 68

Authority: AS 44.77.040

AS 44.77.050

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Last modified 7/05/2006