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Title 2 . Administration
Chapter 40 . Public Information
Section 120. Procedures for disqualification

2 AAC 40.120. Procedures for disqualification

(a) If the administrator determines that a recipient should be disqualified, the administrator will notify the recipient by certified mail of the reason for and effective date and duration of the proposed disqualification. The notice will set out the following procedure:

(1) a recipient has 30 days after the date of the notice to submit written evidence challenging the disqualification;

(2) a proposed disqualification is effective on the date stated in the notice if evidence is not received within 30 days after the date of the notice; and

(3) a recipient is entitled to a hearing on the disqualification only if evidence is submitted under (1) of this subsection.

(b) If a recipient fails to submit evidence in compliance with (a) of this section, the administrator will notify the recipient by certified mail of

(1) actions necessary for requalification; and

(2) the recipient's right to appeal the administrator's decision to the superior court within 30 days after the notice.

(c) The administrator will review evidence submitted and notify a recipient within 15 days by certified mail

(1) that the recipient is not disqualified and will receive bonus payments that were withheld but to which the recipient is entitled; or

(2) that the recipient is disqualified and may request an administrative hearing on the disqualification.

(d) A recipient who is entitled to an administrative hearing will be granted a hearing only if he or she submits a written request for a hearing to the administrator within 30 days after the notice under (c) of this section or extensions allowed by 2 AAC 40.145(a) .

(e) If a recipient fails to request a hearing in compliance with (d) of this section, the administrator will notify the recipient by certified mail of

(1) actions necessary for requalification; and

(2) the recipient's right to appeal the administrator's decision to the superior court within 30 days after the notice.

History: Eff. 9/13/81, Register 79; am 12/1/90, Register 117

Authority: AS 47.45.040

AS 47.45.050

AS 47.45.060

AS 47.45.100 (1)


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Last modified 7/05/2006