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(a) It is the intent of the board to hear all matters in an appeal no earlier than 90 days but no later than 12 months of the date of receipt of the appeal, except as provided in (b) - (e) of this section.
(b) An appeal will be scheduled for a hearing before the board at a meeting of the board held 90 days or more following the receipt by the division of a notice of appeal unless the division and the appellant agree to an earlier date and the board does not object to the earlier date.
(c) An appellant or the division may obtain a continuance
(1) for good cause shown, if the appellant or division makes the request more than ten days before the date scheduled for hearing; however, in the case of genuine emergency the board may grant an appropriate continuance. In this paragraph, "good cause" includes the pendency of contested workers' compensation or judicial proceedings involving the appellant and the appellant's current or former employer that raise issues similar to those presented to the board in the appeal;
(2) for any reason, if the appellant or division makes the request more than 30 days before the date scheduled for hearing and states the reasons for requesting the continuance.
(d) Repealed 1/7/2001.
(e) An appellant may not request extensions under (c)(2) of this section that total more than 18 months. The division shall advise an appellant of this limit, and shall advise an appellant each time an extension is requested of the time remaining in which the appeal must be held. If an appellant is not prepared to proceed with an appeal after exhausting the extensions permitted by (c)(2) of this section, the board will dismiss the appeal, unless the appellant establishes extraordinary circumstances warranting a further extension. For purposes of this subsection, "extraordinary circumstances" do not include the desire of an appellant to have the appeal held at a geographic location convenient to the appellant, the appellant's attorneys, or the appellant's witnesses.
(f) The chair of the board may act on behalf of the board on matters involving scheduling of appeals including requests for continuance or objections to continuance. In the event a party objects to a continuance request made under this section, the objecting party may submit an objection in writing to the chair of the board by sending the objection to the chair at the address of the division within three working days after the service of the request for continuance, and at the same time serving the objection on the opposing party or the party's counsel, if the party is represented by counsel. Within three working days after the receipt of the objection, the chair or, if the chair is not available, the vice chair shall determine whether the continuance request should be granted, modified, or denied.
(g) A notice required by this section is considered served when mailed.
History: In effect before 10/21/83, Register 93; am 12/9/85, Register 99; am 7/12/90, Register 122; am 11/26/92, Register 126; am 9/27/96, Register 150; am 1/7/2001, Register 159
Authority: AS 39.35.040
Editor's note: Even though 2 AAC 35.140 was repealed and readopted effective 9/27/96, it was not published until Register 150, July 1999.
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Last modified 7/05/2006