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(a) A request for a hearing under AS 16.10.335 must be made in writing to the address of the Department of Commerce, Community, and Economic Development as set out in the notice of default and final demand for payment. The request must include a statement explaining why the debtor believes default has not occurred. The request must be postmarked within 15 days after the postmark date on the notice of default and final demand for payment. The request should include copies of any documentary evidence in the debtor's possession showing that the debtor has not defaulted.
(b) The debtor, a person on behalf of a debtor, or the debtor's estate may request a hearing.
(c) The time within which the debtor may reinstate or pay off in full a loan under AS 16.10.335 , as specified in the notice of default and final demand for payment, will stop running as of the day the request for a hearing is received by the department.
(d) The commissioner will, in his discretion, extend the 15-day period to request a hearing if good cause is shown. Good cause is defined as
(1) an illness that prevents the debtor from timely requesting a hearing;
(2) circumstances beyond the debtor's control that prevent the debtor from timely requesting a hearing; or
(3) other circumstances that the commissioner considers to constitute good cause.
(e) If the commissioner grants a request for a hearing, the time periods specified in the notice of default and final demand for payment will not resume until a final decision has been issued in accordance with 3 AAC 80.150.
(f) If the commissioner denies a request for a hearing, the time periods specified in the notice of default and final demand for payment will resume as of the day the denial is mailed.
History: Eff. 11/2/84, Register 92
Authority: AS 16.10.335
Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.
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Last modified 7/05/2006