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Title 2 . Administration
Chapter 35 . Public Information
Section 100. Filing of notice of appeal

2 AAC 35.100. Filing of notice of appeal

(a) A person who wishes to appeal a decision of the division under AS 39.30, AS 39.35 or AS 39.45 shall file a notice of appeal with the division within 30 days after the date that the person receives notice of the decision.

(b) The effective date of filing is the day the notice of appeal is received by the division, or, if mailed, the day the notice of appeal is postmarked.

(c) If a mailed notice of appeal has an illegible postmark or an undated postmark, the postmark date is rebuttably presumed to be five working days before the day the notice of appeal was received in the division.

(d) A person who fails to file a notice of appeal within the time established by this section forfeits the right to appeal, unless the person demonstrates to the administrator that there are extraordinary circumstances that prevented the person from meeting the deadline. Extraordinary circumstances may include being adjudged as incompetent or confined to a hospital, but do not include lack of information or mere neglect.

History: In effect before 10/21/83, Register 93; am 5/5/89, Register 111; am 1/7/2001, Register 159

Authority: AS 39.30.160

AS 39.35.040

AS 39.35.042

AS 39.35.522

AS 39.45.025

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Last modified 7/05/2006